Patent suits require the patentee or an exclusive licensee holding all substantial rights. Copyright suits require legal or beneficial ownership of an exclusive right. Non-exclusive licensees lack standing.
Joinder of the owner may cure some defects.
Alternative Names:
IP Standing|Patent Standing
Why it Matters?
Chain of title defects are a recurring threshold defense, since assignments that were never recorded, employment agreements that failed to effect assignment, and incomplete transfers among related entities leave the plaintiff without the rights it asserts. Examining the full assignment chain before answering is accordingly productive. Exclusive licensees holding fewer than all substantial rights must join the owner.
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Frequently asked questions
What is the recurring threshold defense?
Can an exclusive licensee sue alone?
