2. if party a is the entrusting party, the technological development achievements are owned by the entrusting party, and the phased achievements in the research and development process are also owned by the entrusting party.
3. if party a is the trustee and the technological development achievements are owned by the trustee, the phased achievements in the research and development process are also owned by the principal. However, the trustor has the right to use the technological achievements for free, and if the trustee transfers the technological achievements, the trustor has the priority to be transferred.
Article 33 of the Contract Law refers to a contract concluded between the parties for the research and development of new technologies, new products, new processes or new materials and their systems.
technology development contracts include entrusted development contracts and cooperative development contracts.
a technology development contract should be in written form.
the contract concluded between the parties on the transformation of scientific and technological achievements with industrial application value shall refer to the provisions of the technology development contract.
article 339 the right to apply for a patent for an invention-creation commissioned for development belongs to the research developer, unless otherwise agreed by the parties. If the research developer obtains a patent right, the client may exploit the patent for free.
if the research developer assigns the right to apply for a patent, the trustor shall have the priority to be assigned under the same conditions.