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We co-own a patent or application. What can each of us do?
Co-ownership works on a default set of rules that an agreement can change. Start with what you are trying to do.
Act within eighteen months of the lapse.
Urgent - a deadline or loss of rights may be close
- A patent that lapsed for non-payment of a renewal fee can be restored if an application is made within eighteen months from the date it ceased to have effect (section 60).
- One or more joint holders may apply without the others, but only with the Controller's leave (section 60).
- The application is on Form 15 and must include a verified statement fully explaining why the fee was not paid. The Controller must be prima facie satisfied that the failure was unintentional (rule 84).
- Others may oppose the restoration (rule 85), so gather your evidence early.
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