Who owns the inventions and creations entrusted to be developed?

The ownership of the inventions and creations developed through entrustment: if there is an agreement, the results shall be owned by the researcher and developer; if there is no agreement, the results shall belong to the researcher and developer. For inventions and creations developed through entrustment, if the parties have an agreement, the right to apply for a patent shall belong to the researcher and developer. Regarding the question of "who owns the inventions and creations developed on entrustment?", the editor of Legal Savior Network will give you a detailed answer below.

1. Who owns the inventions and creations commissioned and developed?

The ownership of the inventions and creations developed under entrustment: if there is an agreement, it shall be followed; if there is no agreement, it shall belong to the researcher and developer. For inventions and creations developed through entrustment, if the parties have an agreement, the right to apply for a patent shall belong to the researcher and developer.

Article 859 of the Civil Code of the People's Republic of China

For inventions and creations developed through entrustment, unless otherwise provided by law or otherwise agreed upon by the parties, the right to apply for a patent belongs to the researcher and developer. If a research developer obtains a patent right, the client may implement the patent in accordance with the law. If a research developer transfers the right to apply for a patent, the client shall have the priority to receive the transfer under the same conditions.

2. What is the use of finding a lawyer when encountering patent disputes?

(1) In the form of legal advisor, help patentees who implement their own patents establish a complete production and operation management system to avoid conflicts with Reduce various risks so that enterprises can develop in a long-term, healthy and stable manner.

(2) Provide contract signing opportunities as legal advisor or entrusted agent, participate in negotiations to protect the rights and interests of the client, and supervise the performance of the contract.

(3) In the form of agency, the lawyer can stop the infringement of patent rights through administrative and judicial means, and can require the other party to compensate the patentee's economic losses. loss.

(4) Evaluate whether the invention has the possibility of obtaining patent rights and help the inventor improve its invention etc.,Protect the interests of the inventor.

(5) Review or personally write patent application documents, and strictly control the quality of patent documents Quality control enables patentees to have a solid foundation to enjoy the benefits brought by the patent system.

3. What are the liabilities for breach of contract in a Research and development entrustment contract?

The main liabilities for breach of contract are:

1. R&D personnel After signing a contract, failure to perform or fail to implement research and development work as planned shall constitute a breach of contract, and the client shall have the right to require it to take corresponding remedial measures. If the research and development party fails to implement the research and development plan for two months overdue, the client has the right to terminate the contract, and the research and development party shall compensate the client for the corresponding losses caused.

2. When the research and development results do not meet the conditions stipulated in the contract due to the fault of the researcher and developer, the researcher and developer shall pay liquidated damages or bear compensation for losses.

3. If the research and development developer uses the research and development funds for purposes other than fulfilling the contract, it is also a breach of contract. After being urged by the client, the research and development developer is two days overdue. If the funds are not returned within three months, the client has the right to terminate the contract and require the R&D personnel to bear liability for breach of contract.

Article 577 of the Civil Code

One ​​party fails to perform its contractual obligations Or if the performance of contract obligations does not comply with the agreement, the party shall bear the liability for breach of contract such as continued performance, remedial measures or compensation for losses.

Article 578

One ​​party expressly expresses or by its own conduct If it indicates that it will not perform its contractual obligations, the other party may request it to bear liability for breach of contract before the expiration of the performance period.

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