Enquiry Concerning Patent Co-ownership in Malaysia

X & Y: Co-owner

Z: Joint Applicant 

Z, registered as a joint applicant, will be co-owner of a respective patent. In such a case, can X & Y limit Z’s rights as a joint applicant?


X & Y, as the current applicants can limit Z’s rights as a joint applicant by filing an agreement to the contrary between the parties (X & Y with Z) by reference to section 40 of the Malaysian Patent Act as stated below:

Section 40: Joint ownership of patent applications or patents
In the absence of any agreement to the contrary between the parties, joint owners of a patent application or patent may, separately, assign or transmit their rights in the patent application or patent, exploit the patented invention and take action against any person exploiting the patented invention without their consent, but may only jointly withdraw the patent application, surrender the patent or conclude a license contract.
For more information, contact us at: malaysia@mirandah.com

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