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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.
Two routes are open: post-grant opposition and revocation.
Urgent - a deadline or loss of rights may be close
- A person interested can give notice of opposition within one year from the date of publication of grant; wrongful obtaining is a ground (section 25(2)). An Opposition Board examines it and the Controller decides after hearing both sides (section 25(3)-(4)).
- Separately, an interested person can petition the High Court for revocation on the ground that the patent was granted to a person not entitled to apply (section 64(1)(b)) or obtained wrongfully in breach of your or your predecessor's rights (section 64(1)(c)).
- Count the one year from the publication of grant, not from the date of the patent.
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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.