The entitled person in respect of whose invention an application has been filed by a non-entitled person or a party aggrieved by usurpation can require the patent applicant to assign to him or her the right to the grant of the patent. Where the application has already resulted in a patent, that person can require the proprietor of the patent to transfer the patent. Subject to sentences 4 and 5, the right can be asserted by bringing an action only within a time limit of two years after publication of the grant of the patent (section 58 (1)). If the aggrieved party has filed opposition on the ground of usurpation (section 21 (1) no. 3), he or she can still bring an action within one year after the final conclusion of the opposition proceedings. Sentences 3 and 4 do not apply if the proprietor of the patent did not act in good faith when obtaining the patent.
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Section 8
Section 8
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