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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Right to a patent

The right to a patent belongs to the inventor, his heirs, or assigns.[1] When two or more persons have jointly made an invention, the right to a patent belongs to them jointly.[2]

First to file rule

If two or more persons have made the invention separately and independently of each other, the right to the patent belongs to the person who filed an application for such invention, or where two or more applications are filed for the same invention, to the applicant who has the earliest filing date or the earliest priority date.[3]

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What are patentable inventions

A patentable invention is any “technical solution of a problem in any field of human activity which is new, involves an inventive step and is industrially applicable.”[1] It may be, or may relate to, a product, or process, or an improvement of any of the foregoing.[2]

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What constitutes intellectual property rights

Intellectual property rights consist of:

(a) copyright and related rights;

(b) trademarks and service marks;

(c) geographic indications;

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