§262. Joint owners

In the absence of any agreement to the contrary, each of the joint owners of a patent may make, use or sell the patented invention without the consent of and without accounting to the other owners.

(July 19, 1952, ch. 950, 66 Stat. 810 ; Dec. 8, 1994, Pub. L. 103–465, title V, §533(b)(3), 108 Stat. 4989 .)

Amendment of Section

Pub. L. 103–465, title V, §§533(b)(3), 534(a), (b)(3), Dec. 8, 1994, 108 Stat. 4989 , 4990, provided that, effective on date that is one year after date on which the WTO Agreement enters into force with respect to the United States [Jan. 1, 1995], with provisions relating to earliest filed patent application, this section is amended-

(A) by striking "use or sell" and inserting "use, offer to sell, or sell"; and

(B) by inserting "within the United States, or import the patented invention into the United States," after "invention".

Historical and Revision Notes

This section states a condition in existing law not expressed in the existing statutes.

Effective Date of 1994 Amendment

Amendment by Pub. L. 103–465 effective on date that is one year after date on which the WTO Agreement enters into force with respect to the United States [Jan. 1, 1995], with provisions relating to earliest filed patent application, see section 534(a), (b)(3) of Pub. L. 103–465, set out as a note under section 154 of this title.