Patent filing drawing uses my invention

[workonnet1]

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

My former employer filed a patent without including my name as inventor. The drawings and specification on the patent use an invention that I had disclosed to the company when I worked there. My invention was in the process of being filed for patent when I left the company. My invention was drafted but not filed, and now the company filed a slightly different patent that uses my invention in specification and drawings without my name.

Do they have to include me as an inventor?

 

[FlyingRon]

If the new invention doesn't claim your prior work, then you're not the inventor. If it does, even if you have an agreement to assign the rights, you should be listed. An patent being worked on is meaningless. If you don't even have a provisional patent in there, one could argue the lack of novelty of the claim.

 

[workonnet1]

I have the invention disclosure form signed by the company when the invention was being developed. So the lack of novelty would be hard to be justified by the company.

Can they use my invention in drawings or specification without including me?

Some claims use a very broad language that relates to my specific invention. Do those claims not infringe on my invention lest I be not named as inventor?

 

[FlyingRon]

You can keep restating exaclty the same thing and the exact same answer will come.
They do not need to list you as an inventor if they are not claiming your invention.
An unpatented discovery is just that, unpatented. If no patent was filed, the invention ceases to be novel, unpatentable, and can be used by anybody.