How to apply for the right to apply for a cooperative invention and creation patent

Inventions and creations completed through cooperation between two or more units or individuals may be cooperation between units, cooperation between units and individuals, or cooperation between individuals. So, how to apply for the right to apply for a cooperative invention and creation patent? The editor of Legal Savior Network has compiled the following content, hoping it will be helpful to you.

How to apply for the right to apply for a patent for collaborative invention

Inventions completed through collaboration Applications for patent rights for inventions must be made in accordance with the contract between the collaborators. If there is no contract or agreement, the patent application rights for the Inventions and creations completed by the cooperation shall be jointly enjoyed by all partners. If one or more of the parties transfers If it has the right to apply for a patent, other parties to the cooperation shall have the right of first refusal under the same conditions. If one or more parties to a cooperative invention-creation give up the right to apply for a patent for their invention-creation, other parties that have not given up the right to apply for a patent may exercise the right to apply for a patent. However, if the party or parties who have not given up the right to apply for a patent obtain a patent through application After the right is granted, the inventor or designer of the party or persons who gave up the patent application can exploit the patent free of charge. To sum up, the right to apply for a patent for a cooperative invention and creation is shared by all parties involved in the cooperation. If one party does not agree to apply for a patent, the other party or parties may not apply for a patent.

"Patent Law of the People's Republic of China" Article 8 For inventions and creations completed by cooperation between two or more units or individuals, or for inventions and creations completed by one unit or individual under the entrustment of other units or individuals, unless otherwise agreed upon, an application for a patent shall be made. The right belongs to the unit or individual who completed or jointly completed it; after the application is approved, the unit or individual who applied is the patentee.

The above knowledge is the editor's answer to the question "How to apply for the right to apply for a cooperative invention and creation patent". If you need more For legal help, welcome to the Legal Savior Network for legal consultation.