Avoid Co-Ownership of Patents and Copyrights

I cringe when I see this approach in commercial contracts because it creates so many problems.

The beauty of owning something is that it is yours to do with as you want. You can keep it, sell it, let others use it for payment, whatever.

When you co-own patent and copyright rights, you don't have that freedom. You are beholden to your co-owner in some significant ways.

If you co-own a patent, you have to get your co-owner's agreement before you can grant an exclusive license. You can't stop your co-owners from licensing the patent to your competitors. You also cannot sue third-party infringers unless your co-owners agree.

Co-owners of copyrights have other issues. The individual owners also are not allowed to grant exclusive licenses. Even more troubling, each owner has to account to the other owners for any profits made from the copyright.

My advice is to avoid co-ownership of patents and copyrights. The only exception is for a joint venture or development arrangement between two parties with the infrastructure and sophistication to manage these complexities.

Otherwise, you are just asking for a world of heartache and sorrow.