A Comprehensive Evaluation of Inventors Right in Patent Law

  • Ajoy Jose and Dr. Tapas Bandyopadhyay
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  • Ajoy Jose

    Doctoral Research Scholar at RGSOIPL, IIT Kharagpur, West Bengal, India

  • Dr. Tapas Bandyopadhyay

    Associate Professor at Metallurgical and Materials Engineering, IIT Kharagpur, West Bengal, India

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Abstract

Inventorship and control of inventions are important legal concepts in patent law and practise, but they are still misunderstood by many, resulting in conflicts between parties and, in some cases, legal disputes. We'll look at some simple but relevant questions regarding inventorship and ownership in this article, with the aim of helping inventors and patent owners better understand the value of anticipating their rights and obligations. Moral and economic rights are included in patent rights relating to inventions. Only the legitimate owner of the invention may apply for a patent. Unless it has been assigned to another entity under a contract or by applicable statute, the author is the legal owner of the invention. The legal rights to the invention belong to the inventor, which include the right to have his or her name associated with it. This grants the inventor the right to be referred to as the invention's "inventor" and to have his or her name listed on the patent certificate, regardless of whether the invention is owned by the inventor or not.

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 4, Issue 3, Page 3016 - 3024

DOI: https://doij.org/10.10000/IJLMH.11739

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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