Patents Act 1994 · 2020 Revised Edition · Part 13 · Infringement of Patents
73. Proceedings for infringement by co-owner
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In the application of section 66 to a patent of which there are 2 or more joint proprietors, the reference to the proprietor is to be construed —
patent
“patent” means a patent under this Act and includes a patent in force by virtue of section 117(3);
in relation to any act, as a reference to that proprietor or those proprietors who, by virtue of section 46 or any agreement mentioned in that section, is or are entitled to do that act without its amounting to an infringement; and
in relation to any consent, as a reference to that proprietor or those proprietors who, by virtue of section 46 or any such agreement, is or are the proper person or persons to give the requisite consent.
One of 2 or more joint proprietors of a patent may without the concurrence of the others bring proceedings in respect of an act alleged to infringe the patent, but must not do so unless the others are made parties to the proceedings; but any of the others if made a defendant shall not be liable for any costs or expenses unless the defendant files and serves a notice of intention to contest or not contest and takes part in the proceedings.