Expert: George H. Morgan, P.E., Patent Agent - 6/9/2008

Question
Hello,

I have a question pertaining to patents.

It seems that at the company I work at a Patent Application has been submitted (approximately 1 year ago) for a design that I created/started 3 years ago.  To the best of my knowledge, this application hasn't gone anywhere as I can't find it on the U.S. Patent website.

I have since transferred to another department and the inventors name on the application is of the person who took over my place.

I do not believe it the application was filed under this person's name and not my own on purpose, I believe it was done accidentally because the Director of this group left and a new person was hired so I do not think this new Director knew that I was the inventor.

What are the ramifications of an error like this and what can be done to correct it ?

Thank you so much your assistance.

Sincerely,

Patricia Michaels

Answer
Patricia, the applicant has to sign papers affirming he/she is the inventor, and also papers authorizing the patent agent or attorney to represent them at the patent office.

So, who ever is the applicant named, knew what they were doing. It was no accident.

I would suggest pointing out to the management that you were the inventor, and only the inventor can apply. Otherwise, the patent office considers it fraud & the patent can be invalidated and the person who signed the false declaratin is risking fines, prison, or both. If the practioner knew of it, he could lose his license. You would be doing  your company a favor pointing it out.

George H. Morgan
Patent Agent
http://www.evansville.net/biz/patagent