Copatentarios

Copatentarios, in patent law, are the co-owners of a patent or patent application. The term describes individuals or legal entities who hold undivided ownership interests in the rights granted by the patent. Copatentarios may be inventors, assignees, or a combination thereof, depending on how the patent application was prosecuted and assigned. Each copatentario typically has the legal right to exploit the invention, to grant licenses, and to participate in any royalties, subject to applicable law and any contractual arrangements.

Ownership generally arises when multiple inventors contribute to the same patent or when a patent is jointly assigned. In many systems, copatentarios hold undivided shares, and major actions such as licensing, sale, or exclusive exploitation typically require agreement among the co-owners or compliance with a governing contract. In some jurisdictions, one co-owner may have authority to grant non-exclusive licenses under certain conditions, but overall rights and obligations are defined by local law and any written agreements.

Practical considerations include the importance of a written copatentarios agreement that addresses licensing terms, management of enforcement actions, allocation of maintenance fees, dispute resolution, and procedures for buyouts or dissolution of the co-ownership. Without such an agreement, default rules may lead to conflicts, unequal profit distribution, or involuntary licensing. Copatentarios may also separate over time through assignments or transfers, or the patent can be sold to a single owner depending on the shares and agreements.

Related terms include patent, inventors, joint ownership, licensing, and assignment.