Inventorship dispute in a patent application

Started by Clex, 03-02-21 at 11:16 AM

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Clex

Thanks in advance for any assistance on this inventorship dispute.  I am dealing with the following situation:
A and B collaborated on an invention.  A worked with the attorneys to get the patent application filed and did not list B as an inventor.  A and B have since had a falling out.  B wants to be added as an inventor on the patent application.  A insists that B was not an inventor and will not cooperate in adding him as an inventor.  A's company is the applicant and A is the only listed inventor, although A has not yet filed a signed oath and declaration.  For pros history, the application has received a final office action with an indication of allowable subject matter, and the independent claims have been amended to include the allowable subject matter, so a notice of allowance should be coming shortly.

MPEP 608.02(c)(1) discussed correcting inventorship if an omission was made "through error." However, I think this procedure requires consent of A, or at least power of attorney to prosecute the application (which I do not have). 

So, the question is how do I add B as an inventor to the patent application when I do not have power of attorney to prosecute the application and when A is not going to cooperate because A believes A is the sole inventor.

Thank you!

ThomasPaine

I can't think of any way to do it while the app is pending if A is uncooperative.

I think you need to wait until it issues, review the claims, determine which claims B is the inventor/co-inventor of, and then file a DJ suit to have B declared a co-inventor.



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