• Who is the owner of patent

I am working in an IT company and I have an Idea that I can share with my company as they have a team for filing patents.

My question is if the patent is approved, who will be the owner or that patent and if It will be a property of my company can I file a patent Independently.

Thanks
Amit Sharma
Asked 2 years ago in Intellectual Property from Bangalore, Karnataka
Dear Amit Sharma,

First and foremost, an Idea cannot be patented. Further, a software per se as per Section 3 of the Patents Act, 2005 cannot be patented also in India. 

However, if your idea can be translated into a software having an enabling provision, then it can be patented. Remember, the software must have an enabling provision to be patented. For example, a robotic hand used during the vulcanization of rubber is patentable i.e., the software programmed to move the hand is patentable. The software had an enabling provision and hence it was patented.

Now, coming to your question, lets consider that you converted your idea into a workable software having an enabling provision. The things that need to be considered here are:

1) Was the software conceived during your work process in the company?
2) Did you build it yourself or with the help of a team?
3) Did you build it while in office?

If the answers to the above is yes, then the company you are working for has a right to the patent. Your name as an inventor will be mentioned but you cannot be the applicant or the title holder since the idea, the software were conceived during your service in your company. The patent if approved will be the property of the company you work for

Secondly, you can file the patent independently only if you design the software outside the office premises and work hours but you should also look into the terms and conditions of your service before you attempt to file a patent independently. If there is no adverse effect on your service contract, they you may file it independently subject to the conditions laid out above.

I hope I have answered your question to your satisfaction

Thanks

Sidharth Das
IPR Advocate
Sidharth Das
Advocate, Kolkata
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I strongly agree with Mr. Sidharth Das.  Nothing more to add.
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Advocate, Bangalore
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