The situation: After I left a particular company, they applied for a patent
on something I had worked on, and contacted me to sign the application.
Although I consider myself to be the primary and sole inventor, the patent's lists the inventors as 1) my former boss, 2) myself in that order. I signed, and the patent was granted.
At the time, I was uneasy about this, but simultaneously did not want to make an issue with my former employer, and as well was perhaps a bit star-struck by the possibility of a patent.
Now however, if I were to be asked, I would say that my boss was not an inventor at all (let alone the primary inventor). I believe I can argue this case; for the purpose of this question, please assume that I can.
So the question: does this in any way affect the validity/enforceability of the patent?
I have searched on the web and found some related material, but nothing that conclusively answers the question. It appears that it may hinge on whether the inventors are incorrectly listed "with deceptive intent". In the present case, I would guess that my former boss and I might be in disagreement, but I'm not sure how this translates to deceptive intent (or not).
Related #1, Degnan & Huskey, Inventorship: What Happens When You Don't Get It Right? http://www.hollandhart.com/files/Publication/c61a859b-4515-4ae5-9b0d-ea5df0761f79/Presentation/PublicationAttachment/142a44bb-f91b-4bb8-bc54-4d9dbd9447b9/InventorshipWhatHappens.pdf This article states: "A patent is invalid unless it lists the first and true inventor or inventors of the claimed invention. Accordingly, if the inventive entity listed on an issued patent is incorrect and the patent cannot be corrected due to deceptive intent, the patent is invalid and the owners cannot enforce it."
Related #2 What should I do if my name is missing from a patent? says "The patent owner faces some very serious problems with enforcement of patent rights if any inventor is not properly identified." but the context for this quote is focusing on missing inventors rather than extraneous inventors and incorrect order.
Related #3, A slide set entitled "Who should a patent attorney include in List of Inventors, And why you need to leave the boss, technician, and yourself off the list". http://www.mgiip.com/wp-content/uploads/2012/01/Inventorship-in-U-S-Patent-Practice1.pdf