Murfreesboro, TN asked in Intellectual Property for Tennessee

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.

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1 Lawyer Answer

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.

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