Legal Question in Intellectual Property in California
Names removed from patent application
Working for a small consulting firm, my partner and myself were hired to do a job.
We suggested that for only slightly more money we could get the better results by using a new, custom technology. Our employer agreed to consider the idea. We wrote a proposal, designed all aspects of this new technology and then won the contract.
The client hired us as employees shortly after and applied for a patent on the new technology. Now I understand that his company should own the patent as he paid for it, but he placed his own name as the inventor and completely removed us!
We no longer work there and only recently found out that our names had been omitted. The patent has not been approved yet, but is viewable on uspto.gov (it is over 2 years old) otherwise we still wouldn't know we'd been removed.
What is the best course of action here? The individual doesn't know that we have made this discovery and we are just starving students who'd hope the recognition might lead us to bigger and better things, but who currently lack the funds to hire a lawyer. We find the task of going up against a multi-million dollar firm in this manner to be a daunting one. Thank you kindly for any feedback you may have.
1 Answer from Attorneys
Re: Names removed from patent application
If the application is still pending, write the patent examiner listed and start an protest proceeding, stating that you are the inventors. Refer yourselfs to section 1900 of the MPEP on the USPTO website for information. Contact me or start the process yourselves.
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