Who owns the technological achievements completed through joint development
Inventions completed through joint development For a creation, unless otherwise agreed by the parties, the right to apply for a patent belongs jointly to the parties involved in the joint development. Depending on the specific situation, in practice, the following issues should be paid attention to:
1. One party transfers its When the right to apply for a patent is jointly owned, other parties may have priority in transferring their joint right to apply for a patent. The basis of this priority is that each party has invested funds and specifically completed research and development tasks in accordance with the contract. The meaning of priority is that under the same conditions, the parties to a cooperation contract have the right to receive priority before others.
2. If one party declares to give up its shared right to apply for a patent, the other party may apply alone or jointly with other parties. The right to apply for a patent is a property right and therefore can be waived. Based on the joint ownership relationship, the other co-owners have obtained all patent application rights.
3. If the applicant obtains a patent, the party that gives up the right to apply for the patent can exploit the patent free of charge. However, it cannot be transferred or licensed to others to implement. This right to implement for free does not mean that the party giving up the right to apply for the patent is still the co-owner of the patent.
4. If one party does not agree to apply for a patent, the other party or other parties shall not apply for a patent.
5. In practice, the parties to a cooperative development contract can also agree on the ownership of technical achievements, including the following:
(1) It is agreed that the right to apply for patents on research results belongs to one party, but the party with the right to apply for patents shall make appropriate compensation to the other party.
(2) When agreeing to transfer research results to a third party outside the contract, the parties to the cooperative development contract shall reach an agreement through consultation, thereby obtainingThe benefits gained are shared by all parties.
(3) Under certain circumstances, the parties may also Agree on the share of technological achievements and the rights to apply for patents.
(4) It is agreed that one party shall have the exclusive right to use or transfer the cooperative development results, but the party obtaining this right shall pay the other parties Agreed price.
What to do if the transferor violates the technology transfer contract
In technology transfer contracts, regarding the transferor's liability for breach of contract in the technology transfer contract, attention should be paid to the following issues:
1. Liability for breach of the patent transfer contract. If the transferor fails to perform its contractual obligations, delays in handling the patent transfer procedures, fails to provide relevant technical information, the transferred patent is not a patent legally owned by the transferor, or violates confidentiality obligations, part or all of the royalties shall be returned, and the party shall be liable for the breach of contract. responsibility.
2. Liability for violating the patent application right transfer contract. If the transferor fails to perform the contract, delays in providing technical information and materials, or the technical information and materials provided do not reach the level that enables general professional and technical personnel in the field to implement the invention, he shall bear liability for breach of contract. Anyone who violates confidentiality obligations shall bear liability for breach of contract.
3. Liability for violating the patent implementation license contract. If the transferor fails to transfer the patented technology as agreed, it shall return part or all of the royalties and bear liability for breach of contract; if the transferor uses the patented technology beyond the scope of the agreement and licenses the patented technology to a third party without authorization in violation of the agreement, the transferor shall cease the breach of contract and bear the liability for breach of contract. Liability for breach of contract; whoever violates confidentiality obligations shall bear liability for breach of contract; shall bear liability for the transferee's use of patented technology in accordance with the agreement to infringe upon the legitimate rights and interests of others.
4. Liability for breach of technology secret transfer contract. If the transferor fails to transfer the technical secret as stipulated in the contract, it shall return part or all of the royalties and bear liability for breach of contract; if the transferor uses the technical secret beyond the scope of the contract and violates the agreement by permitting a third party to use the technical secret without authorization, the transferor shall cease to breach the contract. If the technical secret results fail to meet the technical indicators agreed in the contract, the party shall bear liability for breach of contract. Anyone who violates confidentiality obligations and leaks technical secrets, causing losses to the transferee, shall bear liability for breach of contract. The assignee shall use theResponsibility for using technical secrets to infringe upon the legitimate rights and interests of others.
Based on the above, the editor has compiled relevant content about the ownership of technical achievements. It can be seen that for inventions and creations completed through cooperative development, unless otherwise agreed by the parties, the right to apply for a patent belongs to the parties involved in the joint development. In technology transfer contracts, regarding the transferor's liability for breach of contract in technology transfer contracts, we should pay attention to the above issues. If you have more questions in this regard, Legal Savior Network provides professional legal consulting services.
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