Overview
Read this article from a comprehensive knowledge base, updated and supplemented with articles reviewed by scientific committees.
Read the articleAUTHOR
-
Virginie BRUNOT: Member of the Paris Bar, graduate of CEIPI Patents, Trademarks and Designs, Lexing Alain Bensoussan Avocats
INTRODUCTION
From joint research contracts to inventions made with the participation of a non-employee, from consortium agreements to claim actions, there are numerous cases of co-ownership of a patent.
This situation is taken into account by the law, which sets out a specific regime for co-ownership of patents. This regime, which sets out the rights and obligations of each co-owner in a sometimes complex manner, is mandatory but suppletive: in other words, it applies whenever the co-owners have not laid down any rules. However, it is possible to derogate from this legal regime by drawing up a co-ownership bylaw.
The purpose of this fact sheet is to outline the legal system of co-ownership in patent matters, the rights and obligations arising therefrom, and the procedures for drawing up co-ownership regulations.
The Ultimate Scientific and Technical Reference
This article is included in
Management and innovation engineering
This offer includes:
Knowledge Base
Updated and enriched with articles validated by our scientific committees
Services
A set of exclusive tools to complement the resources
Practical Path
Operational and didactic, to guarantee the acquisition of transversal skills
Doc & Quiz
Interactive articles with quizzes, for constructive reading
Patent co-ownership
What is co-ownership of a patent?
Bibliography
Also in our database
Bibliography
F. X. Testu, Clauses de propriété intellectuelle , Dalloz reference Contrats d'affaires, 2010
J. Raynard, Droit des brevets et du savoir-faire industriel , Rec. Dalloz, 12-2010/10-2011
J. Passa, Droit de la propriété industrielle , Tome 2, L. G.D.J., 2013
Websites
As a self-financed public institution under the supervision of the French Ministry of Industrial Property, INPI plays an active role in the development and implementation of public policies in the field of intellectual property, in support of innovation and business competitiveness, and in the fight against counterfeiting.
Regulations
-
Code de la propriété intellectuelle
article L. 613-29
article L. 613-30
article L. 613-31
article L. 613-32
The Ultimate Scientific and Technical Reference
