Q: Can a patent application made within the us from which I was excluded as the inventor be challenged?
It was originally filed in Ireland and this filed again without my consent or crediting me as the inventor..
A:
Likely yes.
The exact answer will depend on the circumstances of your case, but here are a couple of points:
(1) If you invented something for your employer, generally the employer can file an application even without your consent.
(2) Whether you are or are not an inventor depends on specific laws and rules. The attorney writing the patent should determine if you belong on the patent as an inventor. It in everybody's interest that the correct people are listed as an inventor, otherwise the patent could be found as unenforceable.
Good luck!
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