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I was brought on to a developing project to solve a key issue with implementing the idea. The solution was to develop a prediction model that I determined and built from scratch. This model was described in depth in the filed patent and I wrote those sections of the patent. I also built other aspects of the product design including developing a solution to the key idea behind the patent. My name was not listed as an inventor, should it have been?

  • I think, but I'm not actually sure, that only inventors who contributed to the claims have to be named. So, does your part appear in the claims? Is it used to enable one or more claims? – DonQuiKong Nov 16 '18 at 18:06
  • @DonQuiKong yes there are multiple claims that refer to specifics of the model that I designed – jchaykow Nov 16 '18 at 18:08
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    I don't have a reference at hand, but the answer is a sure yes then (I'm sure someone will add an answer with some reference). May I suggest talking to whoever is in charge and just asking? You could also ask on the workplace.SE if you're not sure how to initiate that talk. – DonQuiKong Nov 16 '18 at 21:45
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I am not a lawyer, but I do have quite a few patents to my credit. My test is this: is there at least one claim where the novelty is based on your contribution. So look at the claims. Is one of them covering your prediction model or your solution? If so, you should be listed as an inventor. It's important to understand that an inventor is the one who comes up with the novel idea, not necessarily the one who does all the work.

  • It was my idea to implement this specific model to solve the problem and I implemented it. The model is one of the claims – jchaykow Nov 17 '18 at 1:22
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    @jchaykow Then you should make your manager and the patent attorney aware of your inventorship. I’ve been told that not including an inventor could be a cause for invalidity. – Eric Shain Nov 17 '18 at 1:26
  • The AIA changed the penalty for incorrect inventorship. A patent can no longer be invalidated for this issue. – George White Dec 4 '18 at 7:52
  • @GeorgeWhite Thanks for that update. Good to know. – Eric Shain Dec 4 '18 at 16:01

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