Joint Ownership of Patent in Korea

Korea Patent Act

Article 99 Assignment and Joint Ownership of a Patent Right

(1) A patent right may be assigned.

(2) Where a patent right is jointly owned, the owners may not assign or pledge their individual share without the consent of the other owners.

(3) Where a patent right is jointly owned, and unless otherwise agreed in a contract of the owners, an owner may individually work the patented invention without the consent of the other owners.

(4) Where a patent right is jointly owned, an owner may not grant an exclusive license or a nonexclusive license of the patent right without the consent of the other owners.

Compare with the US Patent Act

35 U.S.C. 262 Joint Owners

In the absence of any agreement to the contrary, each of the joint owners of a patent may make, use, offer to sell, or sell the patented invention within the United States, or imported the patented invention into the United States, without the consent of and without accounting to the other owners. (Amended Dec. 8, 1994, Public Law 103-465, sec. 533(b)(3), 108 Stat. 4989.)

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