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The Intellectual Property StrategistFeaturesIntellectual PropertyPatent Licensing and TransactionsPatent Litigation

Fishing for Joint Patent Ownership Under 'BASF v. CSIRO'

By Richard S.J. Hung, Jacob N. Nagy and Evangeline T. Phang
June 01, 2022

A recent Federal Circuit opinion sheds light on the process for settling patent co-ownership disputes pursuant to an underlying agreement. Although the precedential opinion does not change the rules of contract interpretation, it suggests considerations when drafting ownership agreements.

BASF Plant Science, LP v. Commonwealth Scientific and Industrial Research Organisation (CSIRO), Case Nos. 2020-1415, -1416, -1919, -1920 (Fed. Cir. March 15, 2022), arose from a two-year joint research and development project that began in 2008. Both parties were pursuing genetically modified plants that would produce a high quantity of Omega-3 fatty acids. These plants were to be primarily used as a nutritional supplement for farm-raised fish, enabling their Omega-3 fatty acid content to be similar to fish caught in the wild.

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