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Willing to use the patent where I am an inventor,I am not a applicant
20-Dec-2023 (In Patent Law)
Hi,
I recently got a patent awarded. In this patent I am an inventor. Earlier we had an agreement that I can also use the patent if I want to separately if I want to. But from the documents that I can see now, is that the applicant is a company. So, I want to know if I use the patent without the applicant's knowledge can they stop me? I am an inventor there anyways.
Application No - 201821034520
Title - SYSTEM FOR DETECTING A VEHICLE’S PRESENCE AND DIRECTING THE VEHICLE TO NEARBY PARKING SLOTS
Really looking for some help.
Thanks!
Unless the Inventor is also the applicant, the Inventor will not have any commercial rights conferred by the patent.
So, in case, if you are not the Co-Applicant in an already secured Patent for your novile technical process/product, then you cannot commercially use or exploit patents without the permission of the Patent Owner who is a Patent-Applicant in that case. In case, if you are the Co-Applicant while filing a Patent, so as such, after procuring the Patent, you have become the Co-owner of Patent & as such, this is the case of Joint-Patent-Ownership, you cannot as a Co-owner, without the permission of other Co-owner commercial use, exploit, sell and/given on licence already procured/secured Patent, thus in your case, by both of you together (you and the company) as the Joint-Patent Owners.
So, in case, if you are not the Co-Applicant in an already secured Patent for your novile technical process/product, then you cannot commercially use or exploit patents without the permission of the Patent Owner who is a Patent-Applicant in that case. In case, if you are the Co-Applicant while filing a Patent, so as such, after procuring the Patent, you have become the Co-owner of Patent & as such, this is the case of Joint-Patent-Ownership, you cannot as a Co-owner, without the permission of other Co-owner commercial use, exploit, sell and/given on licence already procured/secured Patent, thus in your case, by both of you together (you and the company) as the Joint-Patent Owners.
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Adv. Pankaj Bajaj
Mumbai | 500+ Answers
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