Assume there are two co-owners to a patent that has never been licensed and one co-owner “waives all right, title, and interest” in the patent, what result?
- The remaining co-owner now has full exclusive rights to assert the patent; or
- The patent will be deemed granted to the public and therefore unenforceable.
The reason I ask this question is that this is what was alleged to have happened in the StoneEagle case. That case involves a dispute over ownership. In particular, StoneEagle’s brief indicates that “[b]y agreement dated July 15, 2010, Defendants waived all right, title, and interest in StoneEagle’s subsequently-issued patent.”