Co-ownership of patents under German law

Legal context: Co-ownership of patents is a specific form of entitlement toa patent. Thus, it stands in the legal context of the questionof who may benefit from an invention and a patent, but alsoof who has to bear the costs of it. Parties to a co-ownershipare free to determine the terms of their co-ownership. If theydo not enter into specific agreements, the statutory rules—inGermany the rules of the community of part owners—apply. Key points: The article describes the most important aspects where Germanstatutory rules do not usually address the needs of the co-owners. Practical significance: Parties are advised to agree on these points before disputesarise. In particular, they should agree on the terms of thedefence, enforcement, and exploitation of their patent. Thisapplies especially against the background of the increasingnumber and importance of joint research and development projectsand patents resulting from them.