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 S
    Mar 9 '20 at 1:46
  • Yes, in the Public Pair database a patent attorney is listed under Correspondence Address.
    – MrFu
    Mar 9 '20 at 2:50
  • Then talk to the attorney.
    – Eric S
    Mar 9 '20 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 S
    Mar 10 '20 at 20:53

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.

  • 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 '20 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 '20 at 4:09
  • @MrFu Who owns the invention? That should matter.
    – Eric S
    Mar 10 '20 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 '20 at 0:00

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