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.
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
