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Author Topic: Definition of 35 USC 262  (Read 172 times)

Generen

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Definition of 35 USC 262
« on: 05-10-18 at 07:47 am »

I have a question on 35 USC 262

Can anyone define precisely how the term "sell" is used in  35 USC 262?

If one joint owner decides to actually sell the patent, without the consent of the other members, does that indeed eliminate the other joint members from owning the patent or having the ability to licence the patent as is described within the terms of 35 USC 262? Please

Thanks for any help,

David
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MYK

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Re: Definition of 35 USC 262
« Reply #1 on: 05-10-18 at 08:23 am »

262 is about selling products that fall within the patent's claims.

As far as joint ownership and sale of the patent rights themselves, unless the owners have made some agreement otherwise, each can sell their rights.  That doesn't affect the other owners' rights, in other words, if A and B are joint owners of a patent, and A sells his interest to C, B's rights don't also get sold off.

If you want to prevent the rights from being divided, then you need a separate agreement to cover that.   
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"The life of a patent solicitor has always been a hard one."  Judge Giles Rich, Application of Ruschig, 379 F.2d 990.

Disclaimer: not only am I not a lawyer, I'm not your lawyer.  Therefore, this does not constitute legal advice.
 



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