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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.

  1. 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. 810

  2. Pub. L. 103–465 title V § 533(b)(3) · 108 Stat. 4809

    1. Substituted · 35 U.S.C. § 262

      Pub. L. 103–465 substituted “use, offer to sell, or sell” for “use or sell”

    2. 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
  1. 1952July 19, 1952, ch. 950, 66 Stat. 810
  2. 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.)

Parsed from the official OLRC USLM XML in data/usc_all/usc35.xml · release point 119-108 · OLRC build 2026-09-09

USLM identifier /us/usc/t35/s262