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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.
Do not license or sell without the other co-owners' written consent.
High complexity - significant legal consequences
- Without an agreement to the contrary, one co-owner cannot grant a licence or assign a share without the consent of the others (section 50(3)).
- Get written consent from every co-owner, then put the licence or assignment in a duly executed written document (section 68).
- A licensee or buyer should insist on seeing that consent. A defective grant can leave the new party without the title it paid for.
- Record the transaction under section 69 so it can be relied on as proof of title.
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Not sure whether this applies to your invention?
The honest answer usually needs someone to look at your actual disclosure, your timeline and the prior art. That is a conversation, not an article.