patent application filed without my name
I had a mobile application idea and shared my idea with my co-worker.
Later, he suggested we file for a provisional patent together. We verbally agreed that each of us owns half of the patent rights with the condition of him paying for all the development and legal costs. We went to the IP attorney's office a couple of times together to explain my idea. Finally, the attorney finished the paperwork for the provisional patent. However, I then found out that my name doesn't appear in either the provisional application or power of attorney page.
I emailed my partner to ask why my name does not appear there. He said he doesn't know and said he will add my name on there. However it looks like he just signed on the paper and filed it without my name...
What do you think I should do about it?
Even if there is a way to put my name back and re-file it again, I am not sure if I still want to work with him. Is there a way to file the patent by myself? Or is it that since I already agreed with him for the half of the patent rights, I have no choice but to just go with him?
Thank you.
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When you visited IP attorney, was it explained to him before you that both of you are half - owners? If so, you can write to the attorney to make necessary corrections. – Natwar Lath 12 years ago
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Just make sure your name is on the actual patent application. Provisional application for a patent is only a date holder for your invention until you're ready to file. They do not get read or evaluated. Why didn't you just file it yourself. It's $110 with USPTO, just follow their directions online. – M.G. 12 years ago
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I didn't really talk about ownership part when I visited IP attorney.. Is there a way for me to file it myself ? Thanks. – User17835 12 years ago
2 Answers
Could it have been a simple omission or a filing error? If you were present at the attorney's office and it sounds like it was clear that the idea was yours, then it might have been the attorney's fault for not including your name.
Before assuming the worst about your partner I would suggest checking the facts with him and with the attorney. It sounds like it might have been a simple honest mistake.
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I am not sure if it is just a simple omission or filing error. But the fact is that he already filed it without my name even though I told him about not incluied my name on the paper. I think it shows his intention of stealing my half patent right so he can just have a full ownership for the patent.. So having the fact that he already filed it without my name, What do you think is my best option to get my idea back ? – User17835 12 years ago
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BTW, I am now developing my idea into mobile app. Do I need to give him a half the ownership once it is done ? So far I didn't get any money from him for the development. And my app development is slightly different in structure from the provisional patent explanation even though the concept is the same.. – User17835 12 years ago
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Only you know the full story. Perhaps you should seek independent legal advice. I am not a lawyer and have no experience in patent filing procedures and disputes over ownership. – Yoav Aner 12 years ago
A verball aggremant may not hold up in court,as the other party may disagree with this peaple hear what they want to hear,If it were me i would get intouch with anyone who was aware of this verbal aggremant lawyer,freinds,familly,get them to sign a documant saying they were aware of this aggremant preferabbly peaple who know both of you and of this varbal aggremant. Contact the attorny who handled the provisional and ask him to put your name on the nonprovisional application to come make him aware of the peaple who will sign a disclosure of your verbal aggremant with your partner also keep and make copys of all paperwork you have related to your idea,everything even the most insugnifacant so you can show this to the attorney who handled the application,i am a indapendant inventor and not a attorny but i also have partners as you can see by my handwriting but this is my advice these are simple things you can do and if you have to get a lawyer please take his advice.
