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ARTICLE · 01 JUNE 2022

Suffering Succotash: Someone Stole My IP!

The options to contest entitlement are provided under s36 & s59 of the Patents Act 1990, which are explained in further detail here.

AustraliaIntellectual Property

Introduction

The first thought that likely comes to mind when people think of IP theft is corporate espionage. This might involve a nefarious individual who has managed to join a company as a "mole" to gather information or access restricted information, which will be used by a competitor to advance their own commercial or technological interests. Alternatively, IP theft can occur through data breaches (such as hacking) in which sensitive, protected or confidential data is copied, transmitted, viewed, stolen, or used by an individual unauthorised to do so.

However, one of the biggest risks to companies and businesses when it comes to IP theft that is often neglected is a disgruntled employee who can appropriate information to advance his or her own interest, or damage the former employer. In this regard, a common theme in the field of patents is former employees filing patent applications on their own, or being listed as an inventor on a patent application filed

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