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Guided answer
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.
Follow the agreement and document the transaction properly.
Moderate complexity - several routes or missing facts
- Section 50(3) is "subject to any agreement in force", so your agreement governs who can license or assign and on what conditions.
- The licence or assignment must be in writing and duly executed (section 68).
- Agreements and licences affecting title must be filed with the Patent Office; a licence's terms can be kept confidential on the patentee's or licensee's request (section 69(4)).
- Record the title or interest on Form 16 (rule 90). A document that is not entered in the register generally cannot be accepted as proof of title (section 69(5)).
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