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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.

Each co-owner may generally work the invention for itself, but not license it.

Moderate complexity - several routes or missing facts

  • Unless an agreement says otherwise, each registered co-owner may exercise the section 48 rights for its own benefit without accounting to the others (section 50(2)).
  • If a co-owner sells a patented article, the buyer and those claiming through the buyer can deal with it as if a sole patentee had sold it (section 50(4)).
  • That does not let a co-owner license or assign alone (section 50(3)).
  • If you want profit-sharing, royalties or exclusivity between you, write it down. The default rule does not provide it.

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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.