My ex-partner registered our startup's patent under his name without telling me?

Question

I co-founded a startup in Bangalore with a friend. Recently, I found out he filed a patent for our tech under his name only. I wasn’t informed or consulted. I invested equally in this venture. I'm feeling completely betrayed and unsure what steps to take. Can I challenge this registration? What legal recourse do I have? I need guidance urgently.

Adv. Kavya Reddy · Accepted Answer

Hi there! I completely understand how distressing this situation must be for you. I looked into this carefully and here's what I found regarding your legal options under Indian law. Let's break it down step by step.

1. Patent Ownership and Rights: Under the Patents Act, 1970, the person who applies for the patent is presumed to be the inventor unless proven otherwise. However, if the invention was a collaborative effort, both parties should ideally be recognized as co-inventors.

2. Challenging the Patent: You can challenge the patent application by filing an opposition. The Patents Act allows for both pre-grant (before the patent is granted) and post-grant (after the patent is granted) opposition. You would need to demonstrate that the invention was jointly developed and that your ex-partner’s claim is incorrect or incomplete.

3. Legal Action for Breach of Trust: If your partnership was formalized through a contract or agreement, you might have a case for breach of contract or fiduciary duty. Even in the absence of a formal agreement, you could potentially argue a breach of trust or unjust enrichment. The Indian Contract Act, 1872 could be relevant here, especially sections dealing with partnership and fiduciary duties.

4. Relevant Case Law:

Rajesh Kumar Agrawal vs Union Of India (2005): In this case, the Delhi High Court dealt with the issue of rightful ownership and the presumption of inventorship, emphasizing the need for genuine ownership claims.
F. Hoffmann-La Roche Ltd. vs Cipla Ltd. (2009): This case highlighted the importance of clear evidence in patent disputes and the role of agreements in determining ownership and rights.

5. Immediate Steps:

Gather all documentation related to the development of the technology and any agreements or communications with your ex-partner.
Consult with a patent attorney who can assist in filing an opposition or taking legal action.
Consider mediation or negotiation with your ex-partner to resolve the issue amicably, if possible.

One thing I want to flag that people often miss is the importance of acting quickly. There are time limits for challenging patents, especially for pre-grant opposition.

Please do share if there are any more details — I want to make sure you have everything you need. I hope this helps you in taking the next steps confidently!

📚 References:

Adv. Suresh Patel · Answer

I'll be direct with you — challenging a patent registration that has been filed solely under your ex-partner's name is indeed possible, but it can be an uphill battle. The crux of your case will rest on proving your contribution to the invention and the startup. Firstly, you need to establish your co-ownership or your contribution to the invention that has been patented. This involves gathering evidence such as emails, designs, drafts, or any documentation that demonstrates your involvement in the development of the patented technology. Under the Patents Act, 1970, Section 20 allows for the correction of the register if someone other than the true inventor has been wrongly registered as the patentee. You can make a claim to the Controller of Patents to have the register corrected to reflect your contribution. Additionally, Section 64 of the Patents Act provides grounds for the revocation of a patent, which includes the fact that the patent was obtained wrongfully. If you can prove in court that the patent was filed without your consent and that you are a rightful co-inventor, the patent can potentially be revoked or corrected. In the case of Manicka Thevar vs Star Plough Works (1965), the Madras High Court dealt with a similar issue where the rightful ownership of a patent was contested. The court emphasized the importance of proving one's contribution to the invention. Realistically, here's where you stand: if you have solid evidence of your contribution, you can file a suit

Adv. Kiran Rao · Answer

I'm sorry to hear about your situation. Intellectual property disputes among co-founders can be quite distressing, but there are legal remedies available to you under Indian law. Firstly, let's address the issue of the patent registration. Under the Patents Act, 1970, the true and first inventor is entitled to apply for a patent. If you believe that the invention was a joint effort, and your ex-partner filed the patent without your consent or knowledge, you may have grounds to challenge this registration. Here are the steps you can take: File an Opposition: You can file a pre-grant opposition under Section 25(1) of the Patents Act, 1970 if the patent has not yet been granted. If it has already been granted, a post-grant opposition under Section 25(2) can be filed within one year from the date of publication of the grant. Seek Rectification: You may also approach the Intellectual Property Appellate Board (IPAB) for rectification of the register under Section 64 of the Patents Act, claiming that the registration was wrongfully obtained. File a Civil Suit: You can file a civil suit for declaratory relief and seek an injunction to prevent your ex-partner from exploiting the patent. This could also include a claim for damages. It is crucial to gather all documents and evidence that demonstrate your contribution to the invention and the startup. This includes emails, design documents, and any agreements that mention your role and contributions. Additionally, you should review any a

Adv. Priya Mehta · Answer

I completely understand how frustrating and hurtful this situation must be, especially when you've invested so much into the startup. Let's break down your options and see how you can address this issue.

Short Answer: Yes, you can challenge the patent registration if it was filed without your consent and you have contributed to the invention.

Under the Patents Act, 1970, an inventor must be correctly identified in a patent application. If you contributed to the invention, you have grounds to challenge the filing.

Here's how you can proceed:

Gather Evidence: Collect all documents that prove your contribution to the invention. This includes emails, meeting notes, drafts, or any communication demonstrating your involvement.
File a Claim: You can file a claim at the Intellectual Property Appellate Board (IPAB) or the relevant authority to challenge the ownership of the patent. Your claim would be based on your contribution to the invention and your status as a co-founder.
Send a Legal Notice: Before filing a claim, consider sending a legal notice to your ex-partner demanding correction of the patent application to include your name.
Consult a Patent Attorney: While I'm providing a general outline here, it would be beneficial to consult with a patent attorney who can offer specific advice tailored to your situation and help you with the filing process.

In my experience, courts take such matters seriously, especially when there is clear evidence of joint development. In the case of F. Hoffmann-La Roche Ltd. vs. Cipla Ltd. (2015), the Delhi High Court emphasized the importance of correctly identifying inventors in patent filings.

Time is crucial in these matters. The earlier you act, the better your chances of rectifying the situation. The longer you wait, the more complicated it can become, especially if the patent progresses through the examination phase.

Stay strong, and feel free to share more details or documents if you need further assistance. I'm here to help guide you through this process.

📚 References:

My ex-partner registered our startup's patent under his name without telling me?

Report Content