Upgrad LLM

inventorship changes


Dear Esteemed expert,

 

Have a quick question on inventorship.

               

Let say, when we file a patent we have 3 independent claims and corresponding 3 inventors involved. Let’s assume, we have a strict 1 to 1 contribution to claims by each of the inventors, with no overlapping contributions. When we file the complete specification, we have all the 3 names of the inventors  included in application[without any info on who contributed to what claim]Let’s assume , when office action comes, one of the claims gets rejected.

 

Does that mean the corresponding inventor’s name has to be removed ?  [as this person no longer contributes to the patent] If so, is it integral part of the office action or, is there any special process we need to follow to remove a non-contributor’s name?

 

Best Regards,

Srinivas

 
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Freelance

Dear Srinivas,

You can make an application to have the name of the inventor removed subject to the satisfaction of controller. Please read Sec 28(7) of the Indian patent act.

Hope this helps. I hope it is not too late.

Sy

 
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