Remedies of a Person with a Right to a Patent

Subject to the first to file rule, a person declared by final court order or decision as having the right to the patent may, within three 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 with respect to the same invention;[3]
  • Request that the application be refused;[4] or
  • Seek cancellation of the patent, if one has already been issued.[5]

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