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Guided answer

Someone filed my invention in their name. What can I do?

The route depends on how far their filing has got. Both the timing and your evidence matter, so start by finding out the status.

You cannot oppose yet; prepare and consider your own filing.

Urgent - a deadline or loss of rights may be close

  • A representation by way of opposition can be made only after publication under section 11A and before grant (section 25(1)). Watch for publication.
  • If you are a co-inventor of what is claimed, a claim to be named as inventor can be made before grant (section 28(3)); it cannot be made after grant (section 28(4)).
  • Consider filing your own application for your invention. Ask an advocate or patent attorney how section 29(2) and (3) would treat the other filing: a prior publication taken from you without consent may be disregarded only if you act promptly and the invention was not already commercially worked beyond reasonable trial.
  • Preserve evidence of the original disclosure and how the other party obtained it.

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Not sure whether this applies to your invention?

The honest answer usually needs someone to look at your actual disclosure, your timeline and the prior art. That is a conversation, not an article.