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What is the ownership and right exercise of the patent for cooperative invention?
Release Time：
2022-08-19
A:
(1) If two or more entities or individuals cooperate to complete an invention, the ownership of the patent right shall be stipulated in the cooperative development contract. Where there is no agreement in the contract, both parties shall jointly apply for a patent, and after obtaining the patent right, it shall belong to the joint patent right of the partners.
The partners may exercise the patent right by consensus. If no agreement can be reached through negotiation, any patentee can license others to use, of course, this license can only be an ordinary license, not an exclusive license or exclusive license, and the remuneration obtained after the license should be reasonably distributed among the patentees.
In addition to the circumstances provided for in the preceding paragraph, the exercise of the right to apply for a patent or the patent right shall obtain the consent of all the co-owners.
2. If one of the partners wants to apply for a patent and the other firmly opposes it, it cannot apply for a patent and can only be protected by means of technical secrets.
3. If one of the co-developers claims to apply for a patent, and the other waives the right to apply for a patent, the party claiming to apply for a patent may file an application separately.
When the party claiming to apply for a patent obtains a patent right after filing a separate application, the other party has the right to exploit the patent free of charge, without infringement.
Source: Intellectual Property Classroom
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