More on patent aside from the remedies of a person with a right to patent: CANCELLATION OF PATENT
-
The right to a patent belongs to the inventor
-
If two or more persons have made the invention separately and independently of each other, the right to patent belongs to the person who first filed the invention
-
A person with a right to patent may file a case in court to protect his rights
Make it a habit to lead a quiet life, to mind your own business and to work with good hands. It’s a familiar advice.
It may happen than that a patent applicant is not the true and actual inventor of the patent. Suppose the application was granted, to whom should the right to patent belong?
The law says:
The right to patent belongs to the inventor, his heirs, or assigns. When two (2) or more persons have jointly made an invention, the right to patent belongs to them jointly.
If two or more persons have made the invention separately and independently of each other, the right to patent belong to the person who filed an application for such invention. If two or more applications are filed for the same invention, the right to patent belongs to the applicant who has the earliest filing date or has the earliest priority date.
What happens if the patent applicant is not the true and actual inventor?
The law says:
If a person who was deprived of the patent without his consent or through fraud is declared by final court order or decision to be the true and actual inventor, the court shall order for his substitution as patentee, or at the option of the true inventor, cancel the patent, and award damages in his favor if warranted by the circumstances.
Also, if a person other than the patent applicant, is declared by final court order or decision as having the right to patent, such person may, within three (3) months after the decision has become final:
1. Prosecute the application as his own application in place of the applicant;
2. File a new patent application in respect of the same invention;
3. Request that the application be refused; or
4. Seek cancellation of the patent, if one has already been issued.
In case the true and actual inventor opted to file any of the above enumerated action, the same shall be done within one (1) year from the date of publication of patent application.
Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.
All rights reserved.
SUBSCRIBE NOW FOR MORE LEGAL UPDATES!
[email-subscribers-form id=”4″]