Patent Ownership and Transactions- Problems and Concerns

Abstract

Patent right confers exclusive rights to the patent holder thereby preventing others to make and use the invention. Licensing of patents forms a mechanism where for a limited time the licensee obtains rights to make, use and sell products (or process that lead to products). It is pertinent to note that patent licensing integrally involves know-how. With the growth of the digital technology, there is huge complexity in dealing with ownership in relation to technology and patent agreements. The nature and scope of patent rights in an invention, the background Intellectual Property (IP) and joint developments are some challenges concerning patent transactions. Through an analysis of judicial pronouncements, the present study attempts to analyze some of these concerns on patent ownership and transactions.