IP Intelligence › Ask a Question › Someone filed my invention in their name. What can I do?
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.
The opposition window is closed; revocation remains.
High complexity - significant legal consequences
- The post-grant opposition period is one year from publication of grant (section 25(2)).
- An interested person can still petition the High Court for revocation, including on the ground that the patent was granted to a person not entitled to apply or obtained wrongfully (section 64(1)(b), (c)).
- The sections we checked do not set a separate time limit for a revocation petition, but delay can affect the case. Take advice from an advocate immediately.
Read next
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.