Assignment of a Patent
Assignment of a patent shall be effected by written contract that shall take effect in respect of third parties as from its entry in the Patent Register.
Joint proprietorship of patent
– Where the rights deriving from one patent belong to more than one person (hereinafter referred to as “the joint proprietors”), the relationship between such persons shall be governed by the general rules of law on shares in joint proprietorship.
– Unless otherwise agreed by the joint proprietors, each of them shall have the right to exploit the invention.
– Unless otherwise agreed, the conclusion of a licence contract shall require, in order to be valid, the consent of all joint proprietor s each of the joint proprietor s may independently take action against infringement of the rights deriving from the patent.
– Assignment of the patent shall require the consent of all joint proprietors. Failing the consent of the other joint proprietors, each joint proprietor may only assign his share to another joint proprietor; assignment to a third party may only be effected if none of the joint proprietors has accepted a written offer of assignment within a period on one month.