What should one party to a cooperative development contract give up its right to apply for a joint patent?
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, unless otherwise agreed by the parties. If the applicant obtains a patent right, the party who gives up the right to apply for a patent may exploit the patent free of charge. Legal basis: Article 860th of General Principles of Civil Law of People's Republic of China (PRC), 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. However, unless otherwise agreed by the parties. 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, unless otherwise agreed by the parties. If the applicant obtains a patent right, the party who gives up the right to apply for a patent may exploit the patent free of charge. 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.