What is a cooperative invention patent?

Generally speaking, a patent for cooperative invention belongs to * * *, and the right to apply for a patent belongs to the unit or individual that completed it or jointly completed it with * * * *. If one party gives up, the other party may apply separately or jointly, unless otherwise agreed by the parties.

legal ground

Article 8 of the Patent Law of People's Republic of China (PRC)

Unless otherwise agreed, the right to apply for a patent belongs to the invention-creation completed in cooperation with two or more units or individuals, or the invention-creation entrusted by other units or individuals; After the application is approved, the applicant unit or individual shall be the patentee.

Article 860th of the Civil Code of People's Republic of China (PRC)

The right to apply for a patent for an invention-creation completed through cooperative development belongs to the parties involved in the 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.