SONN Patentanwälte – IP Attorneys

Multiple Ownership of Patents

Austrian Patent Law accepts the ownership of patents (and other IP rights) of several natural and/or legal persons as co-owners principally but refers to general civil law all questions concerning the rights of the individual owners with regard to the other co-owners.

Civil law provides that each co-owner can work the patent only insofar as he does not disturb the use of the patent by the other co-owner. That means that the possibility of such working of the patent by a co-owner is limited by the user rights of the others.

In a recent decision of the Austrian Supreme Court, it was stipulated regarding co-ownership of a property that upon opposition of another co-owner the first one has to pay a remuneration for his excessive use to the opposing co-owner.

In order to avoid future litigation about the extent of the use of the patent through production and/or sales, all co-owners should (suitably beforehand) regulate the use of the patent by each of them. If they cannot consent to a certain regulation, it is provided in civil law that a court is called in to regulate the rights of working the patent for the co-owners.

DI Helmut Sonn