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Patent filing papers at past employer: name included?

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workonnet1

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

I had filed an invention disclosure form (IDF) with myself as the primary inventor (with a few coworkers as other inventors) on a patent at my previous employer. I left my employer a few months after that.

It came to my attention recently that I had received a completed patent application for me to sign from the former employer's lawyers about 10 months ago. Unfortunately this package was mixed up in one of the missed mailed packets in the interim and I came to know of its existence only recently. I do not see any other correspondence from the company lawyers.

I understand it meant that they wanted me listed as the inventor on the patent. Have I missed the boat and made a big mistake by not being able to return it promptly?

I have heard that the standard procedure for handling a non-signing inventor does list an inventor as an inventor i.e. no names are taken out from the patent. I called the firm who sent me the papers; they said they would get back to me but haven't heard back. How do I ensure my name is included in the patent?
 


Mass_Shyster

Senior Member
  • I had received a completed patent application for me to sign from the former employer's lawyers about 10 months ago.
  • How do I ensure my name is included in the patent?

Sign, copy, and return the original application to the lawyers. Let them deal with it.
 

workonnet1

Junior Member
Sign, copy, and return the original application to the lawyers. Let them deal with it.

If I simply return it signed, I have no idea what they are going to do with it or if they would throw it away. Instead of not knowing what would result from my signature, I understand it's better to know beforehand so I could do whatever is necessary to have my name included. A day or two extra after many months delay would not add to much to the delay.

Are names almost never left out in such cases; and included by default?
 

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