Q: My patent was stolen by a director at a previous employer. What legal actions can I take against him?
In 2013, I invented an aircraft concept. At the company's recommendation, I filed and received a patent for it (patent issued Aug 2018). In 2015, I modified this patent to include another design feature. During the internal application process, I learned that a director inserted his name onto the application as the first and original inventor, pushing my name down as the 4th co-inventor. This guy did not contribute anything to the patent at all. He was in the position of authority so I was not able to challenge his action in fear that I would lose my job at the time. I no longer work at this company and have been thinking for quite sometimes about taking legal actions against this guy. The company won over $150 million in contracts from the Defense Advanced Research Project Agency (DARPA) using my idea. Please advise. Thank you and have a blessed day!
A:
In most cases the company owns any inventions produced by the employee within the course and scope of employment. Did you sign a patent and proprietary agreement when you became an employee? Aerospace companies that get large contracts use these agreements. It is possible you have no rights.
It is usually the case that an individual cannot just insert his name onto a patent application. In the normal course of events the individual must ask the patent attorney to add a name and the patent attorney needs to find legal support to add the name before doing so.
Based only on the limited facts above, there does not seem to be a case.
Marcos Garciaacosta agrees with this answer
A:
Check your employment contract and any other document you signed with your previous employer.
Most likely you gave up any rights to profit from the patent when you agreed to work with them.
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