Employment Agreement Is Valid Proof of Right: Delhi High Court Sets Aside Patent Rejection After Inventor’s Death
In a significant ruling clarifying the scope of “proof of right” under the Indian patent regime, the Delhi High Court has set aside an order of the Patent Office refusing a patent application filed by Nippon Steel Corporation. The rejection was based on the Patent Office’s insistence that an employment agreement could not serve as valid proof of right, particularly when one of the inventors had passed away.