An individual whom I paid for advice in preparation of my latest application, a CIP, has asked if I would include his name as a co-inventor. He says it is a request, not an expectation, and it's not highly important to him. (The individual is neither an attorney nor a registered patent agent, but has considerable experience with patents and has his name on several.) I am the primary inventor and applicant, and paying all application costs. I qualify for Micro-Entity status and will file as such.
There are two issues I need to understand better before making this decision:
- In a recent phone conversation with an examiner at USPTO (who clarified that he does not deal specifically with fee-related issues) tells me that, from his reading, all listed inventors must meet the Micro Entity status income guideline. The individual I refer to does not. (income over the limit) Even though there is no clear verification in the beginning, could this cause me trouble later, and therefore best not to do it?
- Even with me as the first-named inventor and applicant, is there ever any sense in which additional listed inventors could ever claim any ownwership interest in a patent, if granted and ultimately monetized – despite there being no formal written contract addressing this?