Re: Re: rights of nonsigning inventor

Subject: Re: Re: Re: rights of nonsigning inventor

Comments:
: : : I am in a situation where a patent is going to be filed as me (1 of 3 true rightful inventors with notebook records) as a nonsigning inventor because I will not execute the oath of declaration. I have repeatedly indicated to my employer that the list of names of inventors is not correct. In fact, this list that they intend to submit includes people that have made no contribution to the patent (and have no proof) AND excludes inventors that are not at the same employment as myself (even though that party (another of the 3 rightful inventors) has provided evidence). : : : Needless to say, my employer had balked on going claim by claim to determine inventorship and is suppressing this whole set of information from the USPTO. Not to mention they are listing me as a nonsigning inventor and proceeding with filing the patent. The application has been started with the USPTO, but the oath has not been executed. : : : I was interested in knowing what I need to do to contact the USPTO and the examiner of the application. The literature I read is that I need to send a letter, but a lawyer probably should help. : : : Any lawyers know how to do this/interested???? HELP : : : Needless to say, my employer had balked on going claim by claim to determine inventorship and is suppressing this whole set of information from the USPTO. Not to mention they are listing me as a nonsigning inventor and proceeding with filing the patent. : : : I was interested in knowing what I need to do to contact the USPTO and the examiner of the application. The literature I read is that I need to send a letter, but a lawyer probably should help. : : : Any lawyers know how to do this???? HELP : : Dear None On, : : Practically, you would seem to jeopardize you job. The employer is jeopardizing the validity of the patent. You might embarass the patent attorneys by putting them on notice of the facts. That could put them in an ethical bind of going forward with knowledge that might undercut the patent. The local bar association may be helpful if the lawyers are participating in a fraud. : : M. Arthur Auslander : : Auslander & Thomas-Intellectual Property Law Since 1909 : : 3008 Johnson Ave., New York, NY 10463 : : 7185430266, aus@auslander.com : : ELAINE's Workshop® : : E arly L egal A dvice I s N ot E xpensive™ : : Reality Check® : Good advice Mr.A. You get an "AT-A-BOY" as far as I am concerned.

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