Commonwealth Consolidated Acts

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PATENTS ACT 1990 - SECT 16

Co-ownership of patents

             (1)  Subject to any agreement to the contrary, where there are 2 or more patentees:

                     (a)  each of them is entitled to an equal undivided share in the patent; and

                     (b)  each of them is entitled to exercise the exclusive rights given by the patent for his or her own benefit without accounting to the others; and

                     (c)  none of them can grant a licence under the patent, or assign an interest in it, without the consent of the others.

             (2)  Where a patented product, or a product of a patented method or process, is sold by any of 2 or more patentees, the buyer, and a person claiming through the buyer, may deal with the product as if it had been sold by all the patentees.

             (3)  This section does not affect the rights or obligations of a trustee or of the legal representative of a deceased person, or rights or obligations arising out of either of those relationships.



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