Legal Question in Intellectual Property in West Virginia

Opposing Patent registration

can a shareholder holding 51% stake oppose his parten who holds 49% registering a patent the partner did using the companies resources?


Asked on 9/04/07, 6:08 am

2 Answers from Attorneys

Daniel Press Chung & Press, P.C.

Re: Opposing Patent registration

Yes, any person can protest a patent application. But if the patent would have value and is not necessarily invalid, you may want to consider other options to obtain ownership of the patent. Keep in mind that in the US, patents are applied for and issued in the individual name(s) of the inventor(s), so the fact that the application bears the other shareholder's name and not that of the company is not necessarily a problem.

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Answered on 9/04/07, 7:49 am
Maryam Abdallah Maryam Abdallah Law Firm

Re: Opposing Patent registration

Absolutely!! But I'm wondering why??? and why did he allow you to use the company's resources in the first place!!! or whether this is done according to a context of a UAE registered company; because there is usually a Side Agreement that would allow you to understand the scope of your authorities, wich is why I strongly recommend that you forward me a copy of your MOA and Side Agreement if any, for assessment to see where you stand from all of this!

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Answered on 9/07/07, 12:07 pm


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