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If an inventor is intentionally not named in a patent, that is, there is no dispute she is an inventor but for subjective reasons is left out of the inventor's list, how does one go towards invalidating that patent?

Is there a difference in the procedure if the patent is published/pending/granted?

What are good attorney firms that have solid experience with similar situations?

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  • I would start with the inventors assistance office uspto.gov/inventors/iac/index.jsp and ask the for where you can send documentation for that you were left out as the inventor on the patent application.
    – Soren
    Commented Aug 23, 2014 at 17:38

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If a registered patent practitioner (patent attorney or patent agent) is involved with the filing of an application that they know has a true inventor intentionally omitted they are doing something they know is unethical. I do not know anyone who would risk loosing their registration with the USPTO by doing that. Also, any resulting patent would have a legal weak link if it ever came to be enforced. Is it possible that all claims to which you made a conceptual contribution to have been removed? If so that would legitimately remove you as an inventor.

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  • The tricky part is "they know has a true inventor intentionally omitted". There are generally two parts in the equation - the inventors and the patent attorneys. Often, patent attorneys don't know everything the inventors know.
    – Rebecca
    Commented Sep 15, 2014 at 1:23
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    Patent attorneys can be misled by some of the inventors at the expense of another inventor. Who has to do the "intentional" act - the patent practitioner or the other inventors or both? She has claims she has contributed to in there and there is no way to have these claims removed (they form the backbone of the patent).
    – Rebecca
    Commented Sep 15, 2014 at 1:38

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