2

I was not named on this patent though I was the member of the team who developed this mechanism in its entirety based on the general usage scenario, up to and including building (and presenting) a functioning prototype. Shortly after completing the prototypes but before patents were filed, I was transferred to an overseas office though still employed with the same company.

In reference to the patent: US7984734

  • I am not sure how about adding - but I believe you could invalidate the patent. – Moti Dec 7 '15 at 1:05
1

Yes.

The legal basis for this is 37 CFR 1.324, which provides for the addition of an inventor who was omitted in error. It requires an agreement from the inventor to be added and an agreement from the assignee. This will result in a certificate of correction being issued, causing the inventor to be added.

An an aside, the patent cannot be invalidated due to the incorrect inventorship if the omission occurred due to an error. Per 35 USC 256(b):

The error of omitting inventors or naming persons who are not inventors shall not invalidate the patent in which such error occurred if it can be corrected as provided in this section.

In this case, "this section" effectively means 37 CFR 1.324.

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It depends on your substantial contribution to the claims in the patent.

Speaking the language of law: mere assistance or providing support does not entitles you for the patent. Two questions you should ask is:

(i) whether you contributed in conceiving the idea on which this patent is based ; and

(ii) whether you contributed in realising this idea as an invention.

If your answer is yes, then you are entitled to be called as an inventor.

More learned people can give you more accurate answer.

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