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Message: A reminder: Patent co-ownership

A reminder: Patent co-ownership

posted on Sep 11, 2008 11:31AM

This was discussed, at length, previously. Either party is free to use or incorporate without having to offer any consideration to the other party.

...under 35 U.S.C. 262, “in the absence of any agreement to the contrary, each owner may make, use, offer to sell, or sell the patented invention within the Unites States, or import the patented invention into the United States without the consent of and without accounting to the other owners.”

This means that absent an agreement, each co-owner can independently assign or license all or part of the patent rights to a third party without accounting to the other owner. Further, it enables each patent owner to exercise these rights without obtaining prior approval from the other owner(s)

It is a NON-ISSUE and one wonders why it is raised now.

Be well

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