Patents Act · 2023 Revised Edition · Part · Property in Patents and Applications for Patents and Registration
47. Co-ownership of patents and applications for patents
Official textFrom Attorney General's Chambers, unchanged
Where a patent is granted to two or more persons, each of them shall, subject to any agreement to the contrary, be entitled to an equal undivided share in the patent.
patent
“patent” means a patent under this Act and includes a patent in force by virtue of section 114(4);
Where two or more persons are proprietors of a patent, then, subject to this section and subject to any agreement to the contrary —
each of them shall be entitled, by himself or his agents, to do in respect of the invention, for his own benefit and without the consent of or the need to account to the other or others, any act which would, apart from this subsection and section 58, amount to an infringement of the patent; and
any such act shall not amount to an infringement of the patent.
Subject to sections 20 and 48 and to any agreement for the time being in force, where two or more persons are proprietors of a patent, one of them shall not without the consent of the other or others grant a licence under the patent or assign or mortgage a share in the patent.
mortgage
“mortgage”, when used as a noun, includes a charge for securing money or money’s worth and, when used as a verb, shall be construed accordingly;
Subject to sections 20 and 48 where two or more persons are proprietors of a patent, anyone else may supply one of those persons with the means, relating to an essential element of the invention, for putting the invention into effect, and the supply of those means by virtue of this subsection shall not amount to an infringement of the patent.
Patents
Where a patented product is disposed of by any of two or more proprietors to any person, that person and any other person claiming through him shall be entitled to deal with the product in the same way as if it had been disposed of by a sole registered proprietor.
patented product
“patented product” means a product which is a patented invention or, in relation to a patented process, a product obtained directly by means of the process or to which the process has been applied;
Nothing in subsection (1) or (2) shall affect the mutual rights or obligations of trustees or of the personal representatives of a deceased person, or their rights or obligations as such.
This section shall have effect in relation to an application for a patent which is filed as it has effect in relation to a patent and —
references to a patent and a patent being granted shall accordingly include references respectively to any such application and to the application being filed; and
the reference in subsection (5) to a patented product shall be construed accordingly.
Terms defined in s 2
mortgage
Defined · s 2“mortgage”, when used as a noun, includes a charge for securing money or money’s worth and, when used as a verb, shall be construed accordingly;
patent
Defined · s 2“patent” means a patent under this Act and includes a patent in force by virtue of section 114(4);
patented product
Defined · s 2“patented product” means a product which is a patented invention or, in relation to a patented process, a product obtained directly by means of the process or to which the process has been applied;
Part
Employees’ Inventions
Part
Contracts as to Patented Products
Part
Licences of Right and Compulsory Licences
Part
Use of Patented Inventions for Services of Government
Part
Infringement of Patents
Part
Revocation of Patents and Validity Proceedings
Part
Amendments of Patents and Applications
Part
International Applications for Patents
Part
Legal Proceedings
Part
Offences
Part
Patent Agents
Part