0

Can my employer remove my name from a patent after it is allowed (but not issued yet) and the fees are paid for?

3
  • Are you an actual inventor? Is there at least one claim you are responsible for?
    – Eric S
    Aug 24 at 0:37
  • yes, I am one of the inventors and I am responsible for at least one claim.
    – Andrew
    Aug 24 at 0:46
  • After the issue fee is paid it is hard to make any changes. Why do you think they are doing this?
    – George White
    Aug 24 at 1:53
1

Before the AIA law changing inventorship was difficult and in some cases impossible. Some changes required statements that the previous inventor listing was an "error [that] occurred without deceptive intention".

Under AIA it is very easy to change. It requires an oath or declaration of anyone being added. See the rule 37 CFR 148.

A company would not properly remove an inventor at this late stage unless they thought the listed person did not make a conceptual contribution to any allowed claim. Even then, an excess inventor is better for enforceability than an erroneously removed inventor.

Improperly, they might consider removing someone if that person was fighting the company's plans.

0

The usual arrangement with inventors working in a company is that the company owns the work product and the inventors have no ownership. Some companies like the one I last worked at provided an award at a patents issuance as an incentive. If this is the case with you, then there is little reason for the company to try to exclude you as it doesn't change their ownership of the patent to leave you in. I believe (I am not a lawyer) that excluding an actual inventor from a patent might provide grounds to invalidate the patent. Perhaps you should make your management aware of this.

1
  • Before AIA patents were invalidated for incorrect inventorship. If the required person could not attest that there had been "no deceptive intent" then it couldn't be fixed during litigation and was deemed invalid. Under AIA that is not required so the plaintiff can fix inverntorship in the middle of litigation and avoid the worst case. Still, it makes a patent weaker to have inventorship wrong.
    – George White
    Aug 24 at 23:52

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.