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How is it possible that my name is on a newly issued patent that someone stole information and files a patent on my husband invention? My husband filed for a patent and it was not granted. He has all original information. The thief had given the product to someone to make drawings. Very easy to do but the thief never had all of the knowledge that was written in the patent.

Patent was granted with out my signature or knowledge or that of my husbands. How can a patent be granted like this, to me this should be fraud.

Kyle

  • If you can please provide the patent number, we can do more to assess your situation. – Eric Shain Jan 2 '18 at 15:35
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    Possible duplicate of Granting Patents – Eric Shain Jan 2 '18 at 16:35
  • Is there a reason you are asking essentially the same question twice? – Eric Shain Jan 2 '18 at 16:36
  • They might have wanted to shorten the question and didn't know they could edit the original question. – George White Jan 2 '18 at 23:20
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If you have left the company, or have refused to sign the document, there is a clause in the MPEP that states the company can sign a substitute statement. This is common for inventors who leave companies and moved away without leaving contact information. The company tries to e-mail you, message you on linkedin, etc, and if they fail, then they put your name down and file this statement.

37 CFR 1.64 Substitute statement in lieu of an oath or declaration. (a) An applicant under § 1.43, 1.45 or 1.46 may execute a substitute statement in lieu of an oath or declaration under § 1.63 if the inventor is deceased, is under a legal incapacity, has refused to execute the oath or declaration under § 1.63, or cannot be found or reached after diligent effort.

  • Kamil,I live right next door to the person that stole our documentation and applied and was given the patent fr my husbands work. No diligent effort was taken other than a law suit claiming the person owned 1/3 of the company...and never put any money or time into the company... – Mickey Perreaud Jan 11 '18 at 14:49
  • My husband owner of the company invented all of our technology. The neighbor stole documents and had it patented. She did include our names on the patent. We were never contacted or agreed to such action. – Mickey Perreaud Jan 11 '18 at 14:51
  • @MickeyPerreaud regardless of IP theft, if you are an inventor of the technology, your name will still be on the patent application as it is required by law. If you invented a technology and your alleged patent thief filed IP without your names, the patent application will need to have your names on it. If your names were put on there and there is no diligent effort, you will need to take action on your part to either get your names on the patent or to get their names off the patent application. – Kamil Jan 16 '18 at 22:05

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