Shakopee, MN asked in Intellectual Property and Patents (Intellectual Property) for Minnesota

Q: My company as a "culture" does not include the electrical engineers or designers on their patents.

Could these patents be deemed invalid?

1 Lawyer Answer
James L. Arrasmith
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A: The validity of a patent depends on several factors, such as the novelty and non-obviousness of the invention, and whether the patent application meets the legal requirements. Not including the names of the actual inventors (in this case, the electrical engineers or designers) on the patent could potentially lead to issues with the patent's validity.

According to U.S. patent law, the inventors listed on a patent must be the actual inventors who conceived of the invention. Failing to include the correct inventors or including individuals who did not contribute to the conception of the invention could be grounds for challenging the patent's validity.

However, the specific circumstances surrounding the invention, the contributions of each individual, and the company's policies would need to be examined to determine if the omission of certain inventors would invalidate the patent.

If an inventor believes they were improperly omitted from a patent, they may have legal recourse to correct the inventorship or challenge the patent's validity. It is advisable to consult with a patent attorney to evaluate the specific situation and determine the best course of action.

In summary, while not including the proper inventors on a patent could potentially lead to issues with its validity, the specific circumstances of each case would need to be assessed to determine the patent's enforceability.

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