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Someone invented the power failure protection of an application, as well of the software flow.

The patent was filed without even mention to this inventor.

I spoke with one attorney. He said, the patent is not good and will not stand in court.

I spoke with someone at the USPTO and said that the published information is fully the responsibility of the person who files it. They said, I wish I could give you better news and tell you there's something we can do. I replied, do not worry, I was asking for facts and you gave me facts so thank you so much.

Is it then open source application?

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Contact the USPTO.

Not correctly identifying inventors may have serious consequences, and in certain circumstances, such mistakes can result in the patent being revoked under 35 USC 116 (US). There is a lot of case law on the web surrounding this legislation.

In the US it is only possible to correct errors in issued patents surrounding inventorship if they occurred without deceptive intent 35 USC 256 (US). Because ownership and inventorship are separate concepts, an error in inventorship cannot be resolved through a transfer of ownership, or through assignment to the true inventor(s). The requirements for the correction of inventorship of an issued patent is outlined in Rule 324, which requires a statement from each person added that the error occurred without deceptive intent, and a statement from each inventor consenting to these changes.

Good luck with it all.

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Contact a lawyer, or the USPTO.

They have very few "crimes" they consider more serious than mis-stating inventors. We've been told time and time again to ensure we include all inventors, since not doing so is reason enough for invalidation of the patent, regardless of its merits.

And, if you're not willing to take the necessary action, quit whining. This isn't a soapbox :-) And there's absolutely nothing that we can do to fix it.

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  • I did contact both, and edited the question accordingly. Thanks a lot for the answer. I like the soapbox part ;-)
    – Toani
    Feb 26 '20 at 1:54
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Under the AIA law of 2012 wrong inventorship can be corrected without regard to deceptive intent. No longer a reason to tear up a patent.

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  • The company refused to mention the inventors name despite several requests, even to their patent attorney. The company apparently made modifications to circumvent the related components on the claims. However, the patent figures clearly show something made by the inventor. Is the company giving away those components just to refuse including an inventor? If refusing to mention an inventor isn't deceptive intent, I don't know what it is. I'd say there is a difference between wrong inventorship and wrongful inventorship. What does it come down to? Oh boy.
    – Toani
    Mar 10 '20 at 11:26

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