The following statement is correct about the invention-creation entrusted and jointly developed.

Regarding the invention-creation of entrusted development and cooperative development, the correct expression is: unless otherwise agreed, the right to apply for a patent belongs to the parties involved in cooperative development; If one party transfers its patent application right, under the same conditions, the other parties have the priority to be assigned; If one party waives its right to apply for a patent, it may apply separately by the other party or jointly by other parties; If one party does not agree to apply for a patent, the other party or other parties shall not apply for a patent. The specific analysis is as follows:

1. Ownership of rights and interests of inventions and creations entrusted for development

Article 339 of the Contract Law stipulates that the right to apply for a patent belongs to the "research developer" if the parties have no agreement on the ownership of the rights and interests of the invention-creation entrusted for development; If the research developer transfers the right to apply for a patent, the client shall have the priority to be assigned; If the research developer obtains a patent, the client can exploit the patent for free.

2. Ownership of rights and interests of inventions and creations completed through cooperative development.

Article 340th of the Contract Law stipulates that if the parties have no agreement on the ownership of the rights and interests of invention and creation, the right to apply for a patent shall be shared by the co-developers; If one party to the cooperative development does not agree to apply for a patent, the other party or other parties may not apply for a patent (because it is more appropriate to protect some technologies with technical secrets than to apply for a patent); If one party transfers its right to apply for a patent, the other parties have the priority to be assigned; After obtaining the patent right, the party giving up the right to apply for a patent can exploit the patent for free.

Analysis of the rights and interests of technical secret achievements entrusted or jointly developed.

According to Article 34 1 of the Contract Law and Article 20 of the Interpretation of Technical Contracts, if the parties have no agreement on the ownership of the rights and interests of the technical secret achievements entrusted for development or cooperative development, all parties have the right to use and transfer them. In other words, each party has the right to "use" the technical secret for itself or license others to use it in the form of "general license" without the consent of the other party, and monopolize the benefits obtained therefrom.

If one party "transfers" the transfer right of technical secret achievements to others, or licenses others to use the technical secret in the form of "exclusive or exclusive license", the transfer or license shall be deemed invalid without the consent or ratification of the other party. That is, before ratification, the transfer contract and the license contract belong to the contracts whose effectiveness is to be determined.

Baidu Encyclopedia-People's Republic of China (PRC) and China Contract Law