1) not possible
2) youvare at liberty to change your patent agent
3) you are at liberty to buy back stake of directors if they agree to sell
4) we cannot give any time frame
Patent Owneship change
Hi Sir, My self venkat here. This question is pertaining to Patent Ownership. 1. I am the inventor of the Patent. 2. Patenet was filed on January 2018. 3. Current Status: Published on March 2019. 4. Patent ownership was filed with a private patnership company. 5. Comany share holding is as below a) 40% is my holding. b) 15% X 4 by other 4 directors. 6. This was filed by a Patent agent with power. 7. Now i have changed my mind and need the below. A) I want the patent rights to remain on me rather than patnership company. Is it possible Yes/No B) Can i change my patent agent now Yes/No C) Can i Expel the atleast 2 directors and buy back 30% of the share Yes/No. D) How long is that going to take from Publishing to Granted any time frame?? Please do help me in answering the above. Thanks, Venkata
Asked 5 years ago in Intellectual Property
6 Answers
Even you are the actual owner of the patent you applied for a joint ownership of the patent which can not changed with out consent of all other applicants.
You can change your agent any time.
You can buy back share in partnership subject to provision in partnership deed.
You need to inform that company and do a agreement. If it is already jointly patented then unilaterally you can't break it. Yes you can change PA but it can be again a tedious process.
A patent assignment is an irrevocable agreement for a patent owner to sell, give away, or transfer interest to an assignee, who can enforce the patent.
1. Since ownership is already decided it cannot change now without consent of other partners as they can contest same. Yes you can change the agent.
2. If it is partnership firm and if partners agree to sell there percentage they can.
3. Patent registration completion can take 4-5 years.
Grant of a Patent confers to a patentee the right to prevent others from making, using, exercising or selling the invention without his permission. The following are the ways in which a patentee can deal with the patent:
- Assignment
- Licenses
- Transmission of patent by operation of law
Once a patent for an invention is granted, it is important to consider (1) if the patentee/proprietor of the patent is going to manufacture, market, sell and/or distribute the invention, (2) whether the patentee/proprietor of the patent is going to sell all rights in his/her invention to someone else for a sum of money, or (3) if the patentee/proprietor of the patent will license someone else to produce and bring the patented product to market under specified terms by the Patentee that must be met for the licensee.
A transfer of patent or patent application can be the result of a financial transaction, such as an assignment, a merger, a takeover or a demerger, or the result of an operation of law, such as in an inheritance process, or in a bankruptcy.
For change of power agent you can very well give an application after obtaining the NOC from the previous one through the new agent.
