Can employee whose company filed for patent name himself as co patent holder?

Question

Do you agree that xxxxx was an employee of xxxxx when he convinced owner to file for a patent on product formerly used in cosmetics soley) based on all the discovery work and results we got and dutifully reported the results to xxxxx. We were able to use xxxx as an oil based products for cleaning presses and cars a market corporation was never in. Corporation did not pay any costs either did co inventor for our research.

co- inventor went for years with our bottler & us than deceided to make product and create a competitor. How does the letter from the law firm addressed to me stating co/inventor had no legal right to assigen or or sell patent ? effect patent now soley in my name. Owner of patent who put it in my name now says there is a grey cloud over my patent.

Frank

Answer 1

In most cases (US at least) first-to-file is the decisive factor as to whom owns the patent, and the filer decides who is listed as the inventors of the patent.

If you are an employee of the company, you most likely have signed away any rights to inventions, and made your company the default assignee for any work related inventions and patents -- i.e. your company owns the result of your work regardless of whether it is used.

You cannot yourself ask for being a co-inventor after the patent is filed, only the filing authority can do that, and usually that is not done.