1. What rights does the client have for the invention-creation entrusted for development?
Unless otherwise provided by law or otherwise agreed by the parties, the right to apply for a patent for an invention-creation entrusted for development belongs to the research developer. If the research developer obtains a patent right, the client may exploit the patent according to law.
Where the research developer assigns the right to apply for a patent, under the same conditions, the trustor shall have the priority to be assigned.
Second, the principle of sharing technology development contracts
1. Unless otherwise agreed in the contract, the patent application right belongs to the research and development party. If the research and development party obtains the patent right, the entrusting party can exploit the patent for free. If the research and development party transfers its right to apply for a patent for invention-creation, the entrusting party may obtain the right to apply for the patent first.
Unless otherwise agreed in the contract, the right to apply for a patent belongs to the parties to the cooperative development. If one party transfers its patent application right, the other party or other parties may have priority to accept its patent application right. If one party to a cooperative development waives its right to apply for a patent, it may apply separately by the other party or jointly by other parties. After the invention-creation is granted a patent right, the party who gives up the right to apply for a patent can exploit the patent for free. If one party to the cooperative development does not agree to apply for a patent, the other party or other parties shall not apply for a patent.
3. The right to use, transfer and distribution of benefits of non-patented technological achievements that have been commissioned or cooperatively developed shall be agreed upon by the parties in the contract. If there is no agreement in the contract, all parties have the right to use and transfer it. However, before the research and development achievements are delivered to the entrusting party, the entrusted research and development party may not transfer them to a third party.
Three, the conditions for the identification of technology development contracts
According to the Rules for the Identification of Technology Contracts implemented since 200 1, the conditions for the identification of technology development contracts are as follows:
1, defining specific scientific research and technology development objectives;
2. The subject matter of the contract is the technical scheme that the parties did not master when concluding the contract;
3, research and development work and its expected results have corresponding technological innovation content.
Judgment of not belonging to technology development contract;
The Rules for the Identification of Technology Contracts also specifically stipulates that the following contracts are not technology development contracts:
1, the subject matter of the contract is the technical scheme that the parties have mastered, including industrialized products, processes, materials and systems;
The purpose of the contract is only to change the size. Product modification, process change and material formula adjustment by changing parameters, arrangement or similar technical means;
3. The subject matter of the contract is general inspection, testing, appraisal, imitation and application.
According to the law, it can be known that the client has the right to use the entrusted invention-creation, and if the research and developer obtains the patent right, the client can exploit the patent according to law.
Legal objectivity:
The Patent Law of People's Republic of China (PRC) stipulates that "unless otherwise agreed, the right to apply for a patent belongs to the jointly-completed invention-creation or the invention-creation entrusted by other units or individuals." According to this law, if the entrusted invention-creation is not stipulated or clearly stipulated in the entrustment contract, the right to apply for a patent belongs to the unit or individual who completed the patent; If there is a clear agreement between the two parties in the entrustment contract, the ownership of the patent application right shall be implemented in accordance with the agreement. To determine the ownership of the right to apply, it should be clear whether it was completed by individuals or by performing their duties. If the trustee is a legal person, the person who completed the invention and creation is the staff of the trustee, and the completed invention and creation uses the technical data and human and financial resources of the legal person unit, then the invention and creation is a job behavior, and the right to apply for a patent right should belong to the trustee unit rather than the specific inventor. However, specific inventors can get bonuses and remuneration according to regulations, and they can sign their personal names. If the entrusted party is an individual (including two or more persons), the right of application belongs to the individual. Under normal circumstances, the entrusting party entrusts the technical data, materials, funds and remuneration to the entrusted party, and the entrusted party only makes inventions and creations within the scope permitted by the funds according to the technical data and materials provided by the entrusting party, and the rights and obligations of both parties are complicated. For the right to apply for a patent for invention-creation, a written entrustment contract shall be concluded in accordance with the provisions of the Contract Law of People's Republic of China (PRC), so as to clarify the rights and obligations of both parties and reduce patent disputes.