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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.
File a pre-grant representation before grant.
Urgent - a deadline or loss of rights may be close
- Any person can file a representation by way of opposition on Form 7A after publication and before grant. Wrongful obtaining by the applicant, or someone the applicant derives title from, is a listed ground (section 25(1)(a); rule 55).
- The Controller considers the representation only after a request for examination has been filed, first checking for a prima facie case; a patent cannot be granted until six months after publication (rule 55).
- Opposition is limited to the grounds in section 25(1), so frame it on wrongful obtaining and, if true, on lack of novelty over your own earlier publication.
- If you are a co-inventor, also consider a claim to be named as inventor before grant (section 28(3)).
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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.
