The Legal Strategy and Method for Relief of Interest Conflict between Joint Patent Co-owners

• Main Authors: Hwang, Deng-Huei, 黃鐙輝
• Other Authors: Shieh, Ming-Yan
• Format: Others
• Language: zh-TW
• Published: 2013
• Online Access: http://ndltd.ncl.edu.tw/handle/10466765343020958094

碩士 === 東吳大學 === 法律學系 === 101 === In recent years, due to the finicial support is confined in developing high tech, joint inventions and tech developments between enterprises are increased for budge saving, and thus joint patenting is increased as the joint invention projects increased. As exploiting the joint patent, some co-owners are just concerning how to win their own interests however neglecting to fulfill their obligations, and thus apt to incur interest conflict with other co-owners, or even some of the co-owners damage or infringe others’ interests in the joint patent. However, it is unable to prevent the mentioned co-owners’ interest conflict and infringment because no clause in detail but just legal norms in principle in patent laws regulating the joint patenting. To decrease or even avoid the possibility of suffering from the potential damage of interest conflict, joint patent is never being the option recommended. If joint patenting is unavoidable, then an agreement with provisions in detail to stipulate the actions in commercial and legal for the co-owners in exploiting the joint patent is a must. Thus, the present thesis introduces the reasons of joint patenting, describes the patterns and legal properties of joint patent, indicates the considerations for joint patenting, compares the clauses regulating joint patent in patent laws of the recited countries, suggests a legal strategy - a consideration model to establish a joint patent agreement, illustrates a practical case to emphasize considerations for the offer and acceptance to bargain over an agreement, and discusses the edifications of a cited precedent trail for the conflict resulting from a joint patent contract. To avoid mentioned potential damage, the present thesis is available to establish a proper agreement between joint inventors or co-owners for joint patenting.