I should be listed as a inventor/co-inventor on former company's patent application

[ticked_in_CO]

What is the name of your state (only U.S. law)? Colorado

My former company filed a patent application after I was laid off for a product I developed and did not list me as inventor. Is there any legal recourse for me to be listed as co-inventor or should I call up my old company and nicely beg to be added? Of course they kept my notebooks and other work records so I do not have them but I clearly recognize the work shown on the application. I don't need any rights to it, just the professional recognition. Please advise.

Thanks in advance!

 

[swalsh411]

I strongly suspect the employee handbook or employment agreement you signed says anything you did on company time belongs to the company. Adding your name to the patent is just professional courtesy and there is no law that says they must do that. It also sounds like you have no way of proving you helped to develop it.

You can certainly ask.

 

[FlyingRon]

Well the patent needs to list the actual inventors, whether or not you've agreed to assign those rights to the company.
The issue is whether the poster is the inventor of the things that are actually valid claims in the patent.

 

[ticked_in_CO]

Thanks FlyingRon and SWalsh. You both have touched upon the nuance of my question. To clarify, I do NOT have any rights to the assigned patent application, but I certainly did invent it for them. This would likely be proven through any patent timing challenge which would force the company to show my log books as proof.

I suspect I need to gently ask them to add me since I have seen it and it is very iimportant to me professionally. I left on very good terms but this application modification would probably cost the company few dollars. Maybe I'll offer to help offset the costs for this professional courtesy. They also might like to have me listed in case they ever have to defend the patent.

Either way, I was hoping somebody might know if there was a requirement to list the "actual" inventors or if an assignee technically can make up anything they want...and it looks like the latter may be correct.