Change of ownership in published patent

Dear sir,

It depends on the employment contract signed by the inventor.

In general the contract mentions explicitly that the rights to any inventions belong to company.

what if I changed comapny ?How will I change ownership ?

The ownership of the invention lies with the inventor unless there is acontract signed by the employee that the rights to any inventions belong to company.

Normally a contract is signed with the employee on  patent matters particularly in the IT sector that the invention arising out of employment belongs to the company.It appears you have signed such an agrement and you have  already assigned the invention to the company.The invention therefore belongs to the company and you cannot claim any right over it.

T.R.Subramanian

I have not signed any agreement with my company. I signed just patent application form only. The invention has nothing to do with the job assignment iam doing now. My senior business head who understand my ideas and supported me to take company legal staff help in drafting and filing patent. he left organization after 1 month of filing patent. Iam now alone and no support nor business prospects within my company. so decided to change ownership to my name and search for other companies who had interest to invest and grow business. please let me know your views and advice in this regard

If you have not signed any agreement with the company on patents and if the invention  did not arise out of your employment then why did you assign the invention to the company by signing the application form. 

once you assign the invention to the company which means you have surrendered your right in the invention to the company ,you cannot now go back now and claim right to the invention

You can also proceed under section25 opposing the grant of patent to the company on the ground that the company has wrongly obtained the invention from you.I doubt whether you canprove it as you have admitted  and assigned the invention to the company.

T.R.Subramanian

For proving - what kind of documnetary evidences are required to be submitted to patent office and what form is to be used for applying under section 25 ?

As Iam deaf and happy that for the first time, my senior is helping me getting patent for my idea, i signed patent application form where the legal team asked me to do. after 1 month , my senior left organization for doing business in his own company. Iam pushing harder for business development for my patent on my own for 1.5 years. Nothing working as Iam lower level employee of the organization and Iam asked to focus on current assignment. I now realised that assigning patent to the company will not work...so I decided to try with other company.

Please guide me to work out application under section 25.