Who has the patent rights for the newly developed software system between Party A and Party B?

my country's "Patent Law" stipulates that one of the reasonable uses of patent rights is to use it for the purpose of developing and researching new technologies. You can use other people's patents. Of course, you can't use them if the purpose is only for research. Pay royalties. However, after development, if it is used for commercial profit, etc., you must obtain the consent of the patentee and pay a certain royalty. If the other party does not agree without legitimate reasons, and your new patent (your new invention) can If you apply for a patent) and the implementation is based on the implementation of the other party's patent, you can apply for a compulsory license of the patent, and you only need to pay a reasonable usage fee. This is theoretical.

In practice, if the other party does not apply for a patent, the law will not protect its technology! Just use it. Another situation is that the other party has applied, but patent application is a long process. After application, the patented technology needs to be publicized and reviewed, and it will take more than a year to finally grant the patent right. During this period, if the technology is used by others, To use it, users still have to pay a certain usage fee. If you have already used the technology before the other party applies, then after the other party's application is successful, you can continue to use the technology free of charge, but the scale of use must not exceed the scale of your own use before the other party applied.

Finally, even if you accidentally infringe on the other party’s patent rights, you don’t have to worry too much, because I have seen that the patent law mainly adopts the compensation principle of loss compensation for infringement, that is to say , you only have to make up for the losses you caused, and there will be no punitive damages. Besides, you can find out whether this thing has been patented by going to the patent office. All patented technologies that have been applied for are publicly announced. If the patent office does not have one, you can use it with confidence.