Q: Hi, I have a quick question regarding to a recently published patent. It was me who discovered and invented the method.

I discovered and invented the method for the preparation of a nanocomposite when working as a postdoc at that institution, I have written a manuscript about the method when working there but I left the job, and I have the photocopy of all my experiment records about the method. I just noticed that my postdoc advisor he published this patent and he is the sole inventor, which is apparently not fair to me. I wonder what I can do to now. Thank you very much!

1 Lawyer Answer
Kevin E. Flynn
Kevin E. Flynn
  • Patents Lawyer
  • Pittsboro, NC

A: This is not a DIY thing. You will need to contact a patent attorney who will compare your manuscript with the issued patent. It is likely that the university had agreements in place where you would have had to assign your rights over to the university. They may or may not give you a cut of any licensing fees.

Your name can be added to the patent if the school and the listed inventor agree that this was an oversight via -- https://www.law.cornell.edu/cfr/text/37/1.324.

There is a more difficult route where you file suit to be named to an issued patent. This is not very common but happens with this sort of fact pattern with universities from time to time. This will cost money. Your attorney may choose to do a narrative pleading to set forth all the key facts so that the university cannot simply issue blanket denials but will have to address the issues when the press gets a hold of the filed complaint.

Good luck. I hope you find justice.

Kevin E Flynn

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