Special Situations
My patent is jointly owned — how do deals work?
The short answer
Carefully — under US law (35 U.S.C. §262), each joint owner can generally license the patent independently without the others' consent or a duty to share proceeds. That freedom makes buyers nervous and discounts the asset, which is why sorting co-ownership terms first usually pays for itself.
The full picture
The commercial consequences: a buyer can't get exclusivity unless every owner signs, diligence involves every owner's rights and obligations, and a co-owner who licenses cheaply undercuts everyone. Foreign rules differ sharply — many countries require co-owner consent — so international families multiply the complexity.
The standard fix is a co-ownership agreement: who can license, who negotiates, how proceeds split, who pays fees. Get the owners aligned on paper before going to market, with attorneys papering it. Once the patent can offer a buyer certainty, the commercial playbook opens up — and that's where we come in.
Where does your patent stand?
The Beyond the Patent Commercialization Score answers that — a professional, factor-by-factor read on your patent's licensing, sale, build, and partner potential.
Related questions
General information for patent owners — not legal advice. Read the disclaimer.