Q: I should be co-inventor on patent. Spouses employer removed my claims from application but put back before patent issue
Looking for advice. Husband had an idea, he developed it at home with my input. He shared with his employer as only way he knew to try to patent it. He thought they would share if profitable. They submitted application and made him assign 100% ownership to them even though he told them I was co-inventor. They identified the claims for my contribtion and canceled them in the application. Then after non-final rejection they re-added my contribution in a new claim and the application was approved for patent and issued earlier this year. I believe this makes me a co-inventor and should be assigned 50% ownership. What are my options? I have no idea if they are going to commercialize the idea or license it. Thank You.
A: You raise a great question. You should definitely consult with local intellectual property counsel about the specifics. You might make sure in case you have ownership of something valuable.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.