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Author Topic: Who may apply for a patent?  (Read 10231 times)

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amit

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Who may apply for a patent?
« on: February 14, 2012, 03:20:42 AM »
# An application for an ordinary patent may be made by the inventor, his legal representative, or his assignee, either alone or jointly with any other person.

# An application for a patent of addition may be made only by the applicant for the original patent to which it is an addition, if the application for the original patent is pending, or by the registered proprietor of such original patent, if it has been granted.

# A. convention application may be made by any person who has made the application for patent in respect of that invention in  a Convention country or by his assignee or his legal representative.

Offline amanthapeterson

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Re: Who may apply for a patent?
« Reply #1 on: January 23, 2014, 10:04:01 PM »
As far as the patent law is concerned, only the inventor may apply for a patent, with certain exceptions  in the same. If a person who is not the inventor should apply for a patent will be made invalid. The person applying in such a case who falsely states is the inventor would also be subject to criminal penalties.

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Re: Who may apply for a patent?
« Reply #2 on: February 26, 2014, 02:14:18 AM »
Yes it is correct that only the inventor may apply for the patent but there are also certain exceptions.
If there are more than one inventor and what if the original inventor is dead.

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Re: Who may apply for a patent?
« Reply #3 on: February 26, 2014, 03:00:28 AM »
If more than one inventor than in all of their name....in case of death of inventor than the legal heir can apply on their name
if u like my posting plz submit your comments

Hi, I am advocate Uma Saika, from Assam

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Re: Who may apply for a patent?
« Reply #4 on: November 16, 2014, 11:26:01 AM »
Yes they are correct, only the inventor may apply for the patent but there are exceptions like they said.

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Re: Who may apply for a patent?
« Reply #5 on: July 08, 2015, 09:06:47 AM »
Although this post is now old, but if someone can answer me then please help.Suppose i am the original inventor of some machine but never applied for patent, but i have evidence through which i can prove in court that i am the original inventor then will the patent of the other inventor, who has been granted patent somehow due to ignorance, will be cancelled?

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Re: Who may apply for a patent?
« Reply #6 on: August 08, 2015, 05:04:51 AM »
Hello as in this type of situation only inventors can apply for the complain.

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Re: Who may apply for a patent?
« Reply #7 on: September 29, 2015, 03:30:13 AM »
An inventor, a musician, a artist, for a name, for a slogan, for  symbol, for a computer software etc..

For more details regarding patent visit http://www.depenning.com/

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Re: Who may apply for a patent?
« Reply #8 on: June 09, 2016, 12:26:40 AM »
Only the inventor may apply for the patent.

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Re: Who may apply for a patent?
« Reply #9 on: January 06, 2018, 08:38:30 AM »
Dear friend,

You question is answered as follows:

Compulsory Licensing

One of the most important aspects of Indian Patents Act, 1970, is compulsory licensing of the patent subject to the fulfillment of certain conditions.  At any time after the expiration of three years from the date of the sealing of a patent, any person interested may make an application to the Controller of Patents for grant of compulsory license of the patent, subject to the fulfillment of following conditions, i.e.

the reasonable requirements of the public with respect to the patented invention have not been satisfied; or
that the patented invention is not available to the public at a reasonable price; or
that the patented invention is not worked in the territory of India.
It is further important to note that an application for compulsory licensing may be made by any person notwithstanding that he is already the holder of a license under the patent.

For the purpose of compulsory licensing, no person can be stopped from alleging that the reasonable requirements of the public with respect to the patented invention are not satisfied or that the patented invention is not available to the public at a reasonable price by reason of any admission made by him, whether in such a licence or by reason of his having accepted such a licence.

The Controller, if satisfied that the reasonable requirements of the public with respect to the patented invention have not been satisfied or that the patented invention is not available to the public at a reasonable price, may order the patentee to grant a licence upon such terms as he may deem fit. However, before the grant of a compulsory license, the Controller of Patents shall take into account following factors:

The nature of invention;
The time elapsed, since the sealing of the  patent;
The measures already taken by the patentee or the licensee to make full use of the invention;
The ability of the applicant to work the invention to the public advantage;
The capacity of the applicant to undertake the risk in providing capital and working the invention, if the application for compulsory license is granted;
As to the fact whether the applicant has made efforts to obtain a license from the patentee on reasonable terms and conditions;
National emergency or other circumstances of extreme urgency;
Public non commercial use;
Establishment of a ground of anti competitive practices adopted by the patentee.
The grant of compulsory license cannot be claimed as a matter of right, as the same is subject to the fulfilment of above conditions and discretion of the Controller of Patents. Further judicial recourse is available against any arbitrary or illegal order of the Controller of Patents for grant of compulsory license.

Infringement of Patent

Patent infringement proceedings can only be initiated after grant of patent in India but may include a claim retrospectively from the date of publication of the application for grant of the patent. Infringement of a patent consists of the unauthorized making, importing, using, offering for sale or selling any patented invention within the India. Under the (Indian) Patents Act, 1970 only a civil action can be initiated in a Court of Law. Further, a suit for infringement can be defended on various grounds including the grounds on which a patent cannot be granted in India and based on such defence, revocation of Patent can also be claimed.
Regards:

Kishan Dutt Kalaskar
Retd Judge and Advocate
No.74, 1st Floor, “Disley”  House,
Malleswaram, Bengaluru-560003.
Mob: 9686971935, 080-23461189
kalaskarnetra@gmail.com
Call me for clarification

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Re: Who may apply for a patent?
« Reply #10 on: January 09, 2018, 05:41:27 AM »
Hello,

The inventor, who has brought forward the idea/ invention has the right to apply for the patent. You should also be aware that the right to apply for a patent can be transferred to another person – physically or legally . The applicant for the patent can be be one or more people or companies.
                 For an employee who comes up with an invention that falls within the employer's operational area, there are certain limitations to the inventor's right to the invention. The limitations are dependent on how close the connection is between the employee's work tasks and the invention.

If a person who is not the inventor should apply for a patent, the patent, if it were obtained, would be invalid. The person applying in such a case who falsely states that he/she is the inventor would also be subject to criminal penalties. If the inventor is dead, the application may be made by legal representatives, that is, the administrator or executor of the estate.

Good to know that if an inventor refuses to apply for a patent or cannot be found, a joint inventor or a person having a proprietary interest in the invention may apply on behalf of the non-signing inventor.  Two or more persons making an invention jointly, can  apply for a patent as joint inventors. A person who makes a financial contribution is not a joint inventor and cannot be joined in the application as an inventor. It is possible to correct an innocent mistake in erroneously omitting an inventor or in erroneously naming a person as an inventor.

Patent filing process can be tedious and one might miss out on certain things. Let https://www.wazzeer.com/ help you in this

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Re: Who may apply for a patent?
« Reply #11 on: February 01, 2018, 11:12:52 PM »
Yes it is correct that only the inventor may apply for the patent but there are also certain exceptions.
If there are more than one inventor and what if the original inventor is dead.

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Re: Who may apply for a patent?
« Reply #12 on: August 02, 2018, 12:33:47 AM »
A patent for an invention is the grant of a property right to the inventor, issued by the United States Patent and Trademark Office. Generally, the term of a new patent is 20 years from the date on which the application for the patent was filed in the United States or, in special cases, from the date an earlier related application was filed, subject to the payment of maintenance fees. U.S. patent grants are effective only within the United States, U.S. territories, and U.S. possessions. Under certain circumstances, patent term extensions or adjustments may be available.
Choices exist for structured settlement annuitants to offer or exchange the rights to future occasional installments to buyers of structured settlement installment rights.

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« Reply #13 on: November 30, 2018, 09:43:37 AM »
Need Legal Advice Against Abu Dhabi (UAE) Based Company for several default and fraud in the financial transactions

We want legal advice to take the legal action against Abu Dhabi based company. This company cheated with our company and made several default and fraud in the financial transactions between two companies.

They breached several agreements and taken over our intellectual property and proprietor software. We are explaining our story below so that legal advisor in this forum/website will give us the best legal advice and how to proceed against that company.

We, are a USA based C-type Corporation, registered since 2004 in the USA, and paying taxes and contributing to the growth of the country.  To relinquish you a glimpse, we are engaged in the healthcare sphere where we provide health care audits, revenue collection management, coding, transcription, and information systems related services to the healthcare industry. We are entrenched in the USA presently working with very renowned practitioners and medical institutes.

On 14/05/2010, we entered into a channel partner agreement with M/s United American Medical Supplies (UMED) with principal business operations at M03, Mezzanine Floor, Jet Air Cargo Building, Khalidiya Street, Abu Dhabi Landmark: Behind Choithram Supermarket Zip Code: 7020 City of Abu Dhabi, UAE United Arab Emirates.

Mr. Matar Moh’d Ali Obaid Al Mheiri (Chairman & Director) of United American Medical Supplies (UMED), Abu Dhabi cheated with our company and made default and fraud in the financial transaction between two companies. He further breached the channel partner agreement and gainfully employed many of our employees deputed to UAE on various work assignments. He is also the Owner and Chairman of “Golden Standards Recruitment Services Abu Dhabi”, (UAE) and currently supplying manpower to various government and non-governments projects.

UMED responsibility were to take the order from the clients, maintain client relationship, and to collect order amount on our behalf. We were responsible for domain knowledge and deliverables. UMED was accountable to collect the money in local currency in their bank account and afterwards to transfer that money to our company in USD after deducting their share of 20% towards marketing and management fees.

From time to time, we deputed its several employees to M/s UMED working place to rendered M/s UMED services owing to the Channel Partner Agreement and for the conclusion of the work assigned to them. The employees and M/s UMED were legally bound to adhere the channel partner agreement and cannot violate any terms and conditions set forth in the agreement which was signed by both parties.

Many of our employees resigned from the employment from our company, and immediately joined M/s UMED. As per contract, any employee of we can’t join any of the clients or partners, also M/s UMED can’t hire them for a period of two years immediately following the end of employment term with us. Many employees still gainfully working with M/s UMED. The incident of gainfully hiring our employees has caused a great financial loss and mental agony to us.

M/s UMED didn’t stop at this point and gained the access to our company intellectual property through gainfully employing our employees. M/s UMED made unauthorized use of our intellectual property on various occasions and still keep on following the same practice. For the reason of such omission and commission, we suffered extreme financial losses which M/s UMED are liable to repay to us.

M/s UMED made several payment defaults and started controlling over the gain of the business that we are deriving from customers based in UAE. We were cheated by Mr. Matar Moh’d Ali Obaid Al Mheiri (Chairman & Director) of United American Medical Supplies (UMED), Abu Dhabi on payment defaults and control over the business gain for AED 3.31 Million in Abu Dhabi, UAE.

After making the multiple commitment on various dates to transfer the money, UMED did not transfer the money until date. Now, they are not answering our calls, emails and any request to transfer the money. In terribly clear words, UMED cheated our company and currently don’t have any intention to transfer money or to repay us for the financial losses.

We can offer all documentation, agreement, client testimony, records of the amount paid on various occasions for the visa, travelling, loading & boarding, local transportation for our company and UMED employees. We are able to additionally offer the evidence of amount transfer to our company by UMED in the past years.

Please advise what actions we can take against the Abu Dhabi based company and what are the chances of this kind of cases in UAE court.

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« Reply #13 on: November 30, 2018, 09:43:37 AM »

 

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