Joint patents: Overview, definition, and example
What are joint patents?
Joint patents refer to patents that are granted to two or more inventors or parties who have collaboratively worked together on the invention or innovation that is the subject of the patent. In the case of joint patents, the inventors or parties are typically listed as co-owners of the patent, and they share the rights to the patent's usage, licensing, and enforcement. The co-ownership of the patent can arise from collaboration between individuals, businesses, universities, or other organizations that jointly develop a new technology, product, or process.
The term "joint" in joint patents signifies that both (or all) inventors or parties have contributed to the invention and have legal rights over the resulting intellectual property. Depending on the agreement between the co-owners, each may have equal or differentiated rights regarding the commercial use and licensing of the patented technology.
Why are joint patents important?
Joint patents are important because they recognize and protect the collective contributions of multiple parties to the development of an invention. They foster collaboration between inventors, organizations, and businesses, encouraging innovation and knowledge-sharing. Joint patents also ensure that all contributors to an invention are granted appropriate ownership rights and are protected legally against infringement.
For businesses, joint patents enable the sharing of intellectual property rights and the potential for collaboration on commercialization, product development, and further innovation. In some cases, joint patents can lead to joint ventures or licensing arrangements, benefiting all parties involved.
Understanding joint patents through an example
Imagine a technology company, TechCo, and a research university, UniLabs, collaborate on the development of a new type of semiconductor. Both parties contribute to the development of the technology—TechCo provides funding and expertise in product development, while UniLabs contributes research and scientific findings. The two parties file for a patent on the semiconductor technology, and the patent is granted as a joint patent.
As co-owners of the patent, both TechCo and UniLabs have the right to license the semiconductor technology to other companies or use it in their respective products. However, any commercial use or licensing of the patent would require mutual agreement between the parties, and the rights and responsibilities of each party would be outlined in a joint patent agreement.
In another example, two inventors, John and Sarah, work together to develop a new type of medical device. They file for a joint patent on the device, and the patent is granted in both their names. As co-owners of the patent, John and Sarah share the profits from licensing or selling the rights to the patent and must work together to enforce the patent against any potential infringers.
An example of a joint patent clause
Here’s how a joint patent clause might appear in a collaboration agreement or licensing contract:
"The Parties agree that any inventions, discoveries, or innovations developed jointly during the course of this collaboration shall be subject to joint patent rights, with each Party holding an equal, undivided interest in the resulting patent. The Parties shall share equally in any revenues derived from the licensing, sale, or commercialization of the joint patent, and both Parties shall jointly manage the enforcement and protection of the patent against infringement."
Conclusion
Joint patents recognize the collective effort of two or more parties in creating an invention and grant them shared ownership of the resulting intellectual property. These patents encourage collaboration and innovation, ensuring that all contributors are protected and have equal rights to the commercial benefits of the invention. Understanding joint patents and the rights and responsibilities that come with co-ownership is essential for businesses, inventors, and organizations involved in collaborative research or development projects. By clearly defining the terms of joint patent ownership and use, parties can avoid disputes and maximize the potential benefits of their innovations.
This article contains general legal information and does not contain legal advice. Cobrief is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.