Industrial Property Law

Joint or co-ownership refers to the system of ownership of an asset organized on an undivided basis between several natural persons or legal entities. It may relate to a patent granted, a priority right, a patent application or a patent portfolio. Each co-owner holds a share of the patent rights. French law distinguishes between copropriété (co-ownership) and co-titularité, which designates the st …

Joint ownership of patents

Joint or co-ownership refers to the system of ownership of an asset organized on an undivided basis between several natural persons or legal entities. It may relate to a patent granted, a priority right, a patent application or a patent portfolio. Each co-owner holds a share of the patent rights. French law distinguishes between copropriété (co-ownership) and co-titularité, which designates the status of co-inventor, i.e. a natural person.

The Law of 2 January 1968  introduced the first legal regime for co-ownership of patents in French law, making ordinary civil law applicable to patents. It was subsequently amended and supplemented by the Law of 13 July 1978  to encourage the exploitation of patented inventions. The patent co-ownership regime, applicable to French patents and the French parts of European patents, is now set out in Articles L. 613-29 to L. 613-32 of the Intellectual Property Code. The suppletive nature of the regime allows co-owners to derogate from it in a co-ownership by-law (Art. L. 613-32 IP Code).

Since the PACTE Law, Article L. 533-1, V of the Research Code stipulates that in the case of co-ownership between public bodies with a research mandate of one or more inventions, technical knowledge, software, databases protectable by the Intellectual Property Code or protected know-how, an agreement determines the organization of the co-ownership, in particular the distribution of rights. A sole trustee is appointed to manage and exploit the co-owned rights. He or she is notified of the co-ownership agreement. A decree dated 13 January 2020  defines the co-ownership management rules, the procedures for appointing a sole agent, and the agent's duties and powers. These regulations are deemed to constitute the rules of co-ownership.

Law No 68-1 of 2 January 1968 to promote inventive activity and amend the patent system, OJ of 3 January 1968

Law No 78-742 of 13 July 1978 amending and supplementing Law No 68-1 of 2 January 1968, OJ of 14 July 1978.

Decree No 2020-24 of 13 January 2020 relating to the management of co-ownership of research results, and to the method of appointment and missions of the sole trustee provided for in Article L. 533-1 of the Research Code, OJ of 15 January 2020.

Industrial Property Law

371. Joint ownership of patents

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Les notions juridiques connexes

371. Joint ownership of patents

Demandez un accès gratuit au contenu exclusif Livv – juristes d’entreprise

Sous parties

Les notions juridiques connexes

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au contenu exclusif Livv – juristes d’entreprise