Q: Hello.I have a question regarding the registration of the patent holder.

I would like to ask what I can do when my former partner in the company stole the software and registered a patent only for himself? The software belongs to a Slovak company in which he was a partner, but the court canceled his partnership. Is it possible to challenge this patent or file a request to register a remedy in the ownership of the patent? Thank you for your response.

1 Lawyer Answer
James L. Arrasmith
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A: If your former partner registered a patent on software that was developed within your Slovak company and without including you or the company as co-owners, you have several options to consider. The first step would be to gather all evidence that demonstrates your contribution and the company's involvement in the development of the software. This can include development records, emails, and any other documentation that establishes your role and the company's role in creating the software.

In terms of legal action, you can challenge the patent's validity or file a claim to correct the inventorship or ownership of the patent. This usually involves legal proceedings where you would need to prove that the patent was wrongfully registered in your partner's name only.

Given that this involves complex issues of intellectual property law and potentially international law, it would be wise to engage an attorney with expertise in patent law and international business disputes. They can guide you through the process of challenging the patent and asserting your rights and those of your company.

Remember, the success of such actions largely depends on the strength of your evidence and the specifics of patent law in the jurisdiction where the patent was registered. Time is also a critical factor, so it's advisable to seek legal advice as soon as possible to understand your options and initiate the appropriate proceedings.

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