An acquaintance is in the following situation…
Bob is a PhD student. His advisor would like him to patent his work in the medical field. Bob writes patent application. Advisor adds another author to the patent who was not involved in developing the work. Advisor "offers" Bob
x% of the profits (less than 20%) although he developed all of the work and wrote the patent. Bob refuses to sign partly because the low share does not reflect his contribution to the work, and partly out of the ethicality of adding an unrelated author. Days go by and advisor lowers the offer to
x-1%, and suggests that this will go even lower. Advisor seems to be insinuating that he would file the patent without Bob.
If this all depends on an employment contact, Bob is a PhD student so that probably does not apply; therefore, please assume that the working contract makes no such claims.
Ethics aside, what is legally supposed to happen if Bob does not agree to this split of the profits? Could the advisor, for instance, legally file the patent without Bob's consent? Could Bob file the patent without the advisor's consent?
It is unclear to me how such disputes affect filing (or not).
Note: Filing is in US and Germany.