A previous employer has patented something I helped invent but hasn't included me as an inventor. What are my options?

Question

I was browsing patents filed by an old employer and noticed that some tech I worked on has been patented. While I was there, I was told this would be a trade secret and wouldn't be patented.

The patent was submitted in the US and EU and is still pending in both.

I am wondering if there is anything I can do at this point as I would like to have my name on the patent as I am pretty proud of the technology and it would be good for my CV. My employment contract said there are no royalties to be paid and that I have to assign the patent to the company so there would be no money involved, it's more about having the patent as part of my CV.

I am not sure if I have any hard evidence of my contribution that isn't in the form of emails and documents in the companies possession as I wasn't allowed to take anything with me when I left.

So, is there anything I can do at this point?

Answer 1

In the EU, you can start an entitlement proceeding and/or give a notice to the office with a claim to the right to be mentioned as an inventor. Especially, if the EU is meant the European patent according to EPC, the right to be mentioned is treated really seriously. If there is no agreement between your former employer and you or it is not treated as an employee invention, there can be a request to stay of the proceeding based on the non-entitlement dispute.