PA 36 - Co-ownership

Question 1

What is the default arrangement for co-ownership S36

Answer 1

The default arrangement for co-ownership is EQUAL UNDIVIDED SHARE
SUBJECT TO agreements to the contrary

Question 2

What are co-owners entitled to S36

Answer 2

S36 (2)
by default
each is entitled to WORK the invention INDEPENDENTLY without being classed as infringing each other’s rights
SUBJECT TO agreements to the contrary

Question 3

What must co-owners agree do with respect to any patent S36

Answer 3

S36 (3)
SUBJECT TO contested entitlement OR an agreement to the contrary ALL parties must AGREE in order to:
amend the patent or apply to revoke the patent
licence, assign, or mortgage or otherwise secure against the patent

Question 4

Who can supply a co-owner S36

Answer 4

S36 (4)
anyone may supply a co-owner with an essential means to validly work the patent withouth being classed as a secondary infringer

Question 5

What alters the conditions set forth in S36

Answer 5

ANY OF S36 MAY BE ALTERED BY AGREEMENT

i.e.
equal undivided shares
independent working and sourcing of essential elements
licenses, assignments, applications to amend

Question 6

What can a co-owner do without permission S36

Answer 6

Each has rights as a proprietor w.r.t. infringement, and can sue for infringement WITHOUT asking permission from others

Question 7

What occurs when an application has joint owners and one brings an infringement suit

Answer 7

All parties to the patent are automatically brought into infringement proceedings, but are only liable if they take an active part

Question 8

What happens if a co-owner dies / dissolution of a co-owner

Answer 8

Ownership of patents is as tenants in common, so any interest is passed on to their successor in title

Question 9

How do you mediate disputes among co-owners

Answer 9

using S10

Question 10

What should be considered when co-ownership occurs

Answer 10

Written agreements depending on circumstances of each party