Rules for patent application and ownership distribution of cooperative inventions

An application for a patent right for an invention-creation completed by cooperation shall be filed in accordance with the contract between the partners. Where there is no contract or agreement, the right to apply for a patent for the invention-creation achievement completed by cooperation belongs to all parties. If one or more parties transfer their patent application rights, the other partners shall enjoy the preemptive right under the same conditions. If one or more parties to a cooperative invention-creation waive their right to apply for a patent for their invention-creation, the other parties who have not waived their right to apply for a patent may exercise their right to apply for a patent. However, after one or more parties who have not given up the right to apply for a patent file a patent application, the invention and designer of one or more parties who have given up the patent application may exploit their patents free of charge. To sum up, the right to apply for a patent for a cooperative invention-creation is shared by all parties. If one party does not agree to apply for a patent, the other party or parties shall not apply for a patent.

Legal objectivity:

Article 860th of the General Principles of the Civil Law of People's Republic of China (PRC) states that the right to apply for a patent for an invention-creation completed through cooperative development belongs to all parties involved in the cooperative development; If one party transfers its right to apply for a joint patent, 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 joint 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.