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?
2 Answers from Attorneys
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.
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!