What are the regulations on the right to apply for patents for entrusted inventions and creations?

Patent right is the exclusive right to implement a specific invention and creation within a certain period of time that the inventor or the assignee of his right enjoys in accordance with the law. It is a type of intellectual property rights. What are the regulations on the right to apply for a patent for an entrusted invention? The editor of Legal Savior Network has compiled the following content to answer your questions. I hope it will be helpful to you.

What are the regulations on the right to apply for patents for entrusted inventions

"Patent Law of the People's Republic of China" stipulates that " 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 another unit or individual, unless otherwise agreed, the right to apply for a patent belongs to the unit or individual who jointly completed the invention."

This law stipulates that for an invention-creation that is entrusted to be completed, if there is no agreement or the agreement is unclear in the entrustment contract, the right to apply for a patent belongs to the unit or individual who completed the patent; if both parties have a clear agreement in the entrustment contract As agreed, the ownership of the right to apply for a patent shall be performed in accordance with the agreement. To determine the ownership of the application right, it should be clear whether it is completed by an individual or by performing duties. If the entrusted party is a legal person, and the person who completes the invention-creation is a staff member of the entrusted party, and the completed invention-creation uses the technical data and human and financial resources of the legal entity, then the invention-creation is an official act and the application for patent right The rights should belong to the entrusted unit rather than the specific inventor and creator. However, the specific inventor and creator can receive bonuses and remuneration according to regulations, and can sign his or her name. If the entrusted party is an individual (including two or more people), the right to apply belongs to the individual. Under normal circumstances, when the entrusting party entrusts the entrusted party, the entrusting party will provide technical data, materials, funds, and remuneration, and the entrusted party will only invent and create within the scope of funds allowed based on the technical data and materials provided by the entrusting party. The rights and obligations are relatively complicated. For the right to apply for a patent for inventions and creations, a written entrustment contract should be entered into in accordance with the provisions of the Contract Law of the People's Republic of China to clarify the rights of both parties., obligations, and reduce the occurrence of patent disputes.

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