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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.

Plan enforcement together and expect a validity challenge.

High complexity - significant legal consequences

  • A suit must be filed in a court at least as senior as a district court that has jurisdiction. If the defendant counterclaims for revocation, the whole suit goes to the High Court (section 104).
  • The sections we checked do not say whether one co-owner can sue alone. Take advice from an advocate before filing without the others, and consider having all co-owners join or consent in writing.
  • Make sure title is recorded: a document not entered in the register generally cannot be accepted as proof of title (section 69(5)).
  • Agree how legal costs and any damages will be shared before you start.

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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.