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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.
Find out the status first, today.
Urgent - a deadline or loss of rights may be close
- Look up the application in the Patent Office's public records and note the filing date, priority date, publication date and whether a request for examination has been filed.
- A pre-grant representation can be filed only after publication and before grant (section 25(1)); a post-grant opposition must be filed within one year from the publication of grant (section 25(2)).
- Collect dated evidence now: drafts, emails, lab notebooks, meeting records and anything showing how the other person obtained your work.
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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.