Co-owners of patent

23 Co-ownership of patent
  • (1) If a patent is granted to 2 or more persons, each of those persons is entitled to an equal undivided share in the patent.

    (2) If 2 or more persons are patentees of the patent, each of those persons is entitled to exercise the exclusive rights given by the patent for the person’s own benefit without accounting to the others.

    (3) However, a licence under a patent must not be granted, and a share in a patent must not be assigned, except with the consent of all patentees of the patent (other than the licensor or assignor).

    (4) Subsections (1) to (3) are subject to any agreement to the contrary between the patentees of the patent.

    (5) This section is subject to any direction of the Commissioner under section 25.

    (6) Nothing in subsection (1) or (2) affects the mutual rights or obligations of trustees or of the personal representatives of a deceased person, or their rights or obligations as trustees or personal representatives.

    Compare: 1953 No 64 s 63(1)–(3), (5)