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Feb 1, 2017 · In addition to having paid for null rights, the “licensee” may also be liable for patent infringement. In contrast, a co-owner may assign his or her interest in a patent without the other owners’ consent, unless that assignment would dilute the other owners’ rights.
Mar 21, 2022 · However, under Québec jurisprudence, guided by the Civil Code, a co-owner cannot exploit the invention covered by the patent for their own gain (which includes granting a license) without the consent of the other co-owners, to whom there is owed a duty to account.
Nov 27, 2018 · In Canada, care must be taken when exploiting the rights granted by a patent that is owned by two or more people. In particular, it has been held that a co-owner of a patent can independently make or sell the invention covered by a patent without consent of the other co-owners.
Yes. But there can be real problems with multiple owners of a patent. Unless there is some other agreement restricting what an entity can do with its ownership interest, a co-owner of any portion of a patent, (whether 99% or 1% or .0001%), can make use of the patent however they want.
- Who Qualifies as An "Inventor"?
- Who Owns The Invention?
- Employees
- Independent Contractors
- Co-Ownership of Patent Rights
- Best Practices
The question of identifying at least one "inventor" isnot often complicated. The difficulty arises when assessing whetherothers have also contributed to the invention, and are thereforeconsidered co-inventors. This distinction between an inventor and anon-inventor is an important one as only an inventor, or theinventor's legal representative,1 can ...
Once the issue of who the inventors are has been determined, thenext question that may arise is who owns the rights to theinvention. The simplest situation is where there is an expressagreement between the parties governing ownership of inventionsand/or assigning all rights to inventions. In such cases, thisexpress agreement governs and there is no...
The Patent Act is silent as to ownership of a patent inan employment context, and so one must look to the common law.Generally, it is presumed that the employee will have ownership ofhis or her invention and any resulting patent for discoveries madeduring the course of employment.7 This presumption holdstrue even where the employee's invention is u...
The Federal Court's approach to determining ownership ofpatent rights for employees also applies to independentcontractors. It is presumed that a contractor owns all rights to aninvention he or she has made unless there is an agreement, expressor implied, to the contrary.11 To determine whetherthere is an implied agreement, the court may look to th...
In Canada, care must be taken when exploiting the rights grantedby a patent that is owned by two or more people. In particular, ithas been held that a co-owner of a patent can independently make orsell the invention covered by a patent without consent of the otherco-owners. Likewise, a co-owner of a patent can, without theconsent of the other co-ow...
Inventors, employers, employees and independent contractors mustall be aware of who contributes to an invention and of ownershiprights to their inventions. Best practice is to avoid the risk of adispute and litigation over ownership by expressly setting out in awritten agreement who will own the rights to any inventions thatare made in the course o...
An assignee should always promptly register its assignment with the Patent Office because, until an assignment is registered, it can be defeated by a subsequent assignment that is actually registered. Co-ownership of patent rights. In Canada, co-owners can independently use a patented invention.
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Can a co-owner assign a patent?
Can a co-owner make or sell a patent?
Can a co-owner sell a patented invention?
Can a co-owner own a patent in Canada?
When should an assignee register a patented invention?
Can a co-owner grant a patent to more than one third party?
Sometimes you may wish to apply for (or to own) an intellectual property right (e.g., patent, registered trade mark or registered design) together with one or more people. This is perfectly possible but can cause complications if certain matters are not made clear at the outset.
