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As a co-inventor, can I be involved in correspondence with the patent office (USPTO and others)? For instance, can I file for some claim amendments?

If not, can the other co-inventor who is also the applicant confer such rights to me?

  • Is there a patent attorney involved? – Eric Shain Mar 9 at 1:46
  • Yes, in the Public Pair database a patent attorney is listed under Correspondence Address. – MrFu Mar 9 at 2:50
  • Then talk to the attorney. – Eric Shain Mar 9 at 13:21
  • The attorney’s job is to obtain the broadest possible claims. This is equally good for both inventors. It is highly unlikely you know more than a patent attorney about claim construction. – Eric Shain Mar 10 at 20:53
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The patent office will only communicate with one party. In this case it would be the attorney/agent with the power of attorney. In the case of multiple inventors they can designate one if them to speak for all. I’m sure you can see the reason they need to only deal with a single party.

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  • But what if there is a conflict between the inventors and the attorney on record is loyal to one inventor and hostile to the other? – MrFu Mar 10 at 4:05
  • That is between the co-inventors and, to some extent, the attorney - the USPTO is not going to solve your problem. I recommend that co-inventors have some agreement between them or even establish an LLC to own the patent application. – George White Mar 10 at 4:09
  • @MrFu Who owns the invention? That should matter. – Eric Shain Mar 10 at 14:03
  • @EricShain - good catch, I assumed there was no company/employer in the picture. Absent something like that, or an agreement among them, all inventors equally own the application. – George White Mar 11 at 0:00

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