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?
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Is there a patent attorney involved?– Eric SCommented Mar 9, 2020 at 1:46
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Yes, in the Public Pair database a patent attorney is listed under Correspondence Address.– MrFuCommented Mar 9, 2020 at 2:50
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Then talk to the attorney.– Eric SCommented Mar 9, 2020 at 13:21
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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 SCommented Mar 10, 2020 at 20:53
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1 Answer
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.
answered Mar 9, 2020 at 3:35
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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?– MrFuCommented Mar 10, 2020 at 4:05
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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 ♦Commented Mar 10, 2020 at 4:09
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@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 ♦Commented Mar 11, 2020 at 0:00