Title 35 — Patents
Part III · Chapter 26 — Ownership and Assignment
§ 262. Joint owners
Statutory text
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 import the patented invention into the United States, without the consent of and without accounting to the other owners.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
July 19, 1952, ch. 950, 66 Stat. 810 · 66 Stat. 810
Enacted · 35 U.S.C. § 262
July 19, 1952, ch. 950, 66 Stat. 810
Source evidence
Code source credit
July 19, 1952, ch. 950, 66 Stat. 810Pub. L. 103–465 title V § 533(b)(3) · 108 Stat. 4809
Substituted · 35 U.S.C. § 262
Pub. L. 103–465 substituted “use, offer to sell, or sell” for “use or sell”
Inserted · 35 U.S.C. § 262
Pub. L. 103–465 inserted “within the United States, or import the patented invention into the United States,” after “invention”
Source evidence
Code amendment note
Pub. L. 103–465 substituted “use, offer to sell, or sell” for “use or sell” and inserted “within the United States, or import the patented invention into the United States,” after “invention”.Enacted provision · exact public law section
(3) Section 262 of title 35, United States Code, 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”.Effective date note
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.
2 of 3 references resolved to an enrolled provision · 1 partial
Notes
Historical and Revision Notes
This section states a condition in existing law not expressed in the existing statutes.
Editorial Notes
Amendments
1994—Pub. L. 103–465 substituted “use, offer to sell, or sell” for “use or sell” and inserted “within the United States, or import the patented invention into the United States,” after “invention”.
Statutory Notes and Related Subsidiaries
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 [], 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.
Credits
1952–1994 · 2 acts
- 1952July 19, 1952, ch. 950, 66 Stat. 810
- 1994Pub. L. 103–465, title V, § 533(b)(3), , 108 Stat. 4989.
Show as published
(July 19, 1952, ch. 950, 66 Stat. 810; Pub. L. 103–465, title V, § 533(b)(3), , 108 Stat. 4989.)