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Old 01-31-2009, 04:12 PM
Junior Member
 
Join Date: Jan 2009
Posts: 2

Adding a co-inventor to an application


What is the name of your state (only U.S. law)? Michigan

Hello,

I am new to this forum and I am very grateful to have found it. I am working with a friend who conceived of and did a basic design sketch for a simple but novel kitchen product. He gave the sketch to me and I did design refinements and developed the prototype out of clay. We won 1st place in a design competition and are due to receive our recognition at a trade show in a few months. He has agreed to add my name to the patent.

Three questions please:

1. What is required to add my name to the patent?
2. How long would this take?
3. A ballpark guess on how much would a patent attorney charge for doing this?

Thanks in advance for any help.

Regards,
MarkWhat is the name of your state (only U.S. law)?
  #2  
Old 01-31-2009, 10:25 PM
Senior Member
 
Join Date: Jul 2002
Location: Bay Area, CA
Posts: 7,515
A few points.

First, has an application already been filed? Has the patent issued, or is it still undergoing prosecution?

Second, you will want to sit down with the patent attorney to see if your work on the invention was really "inventive" in nature. It may be that you are not properly classified as an inventor -- and incorrect inventorship can be grounds to invalidate the patent later on, so you will want to talk with your patent attorney or agent to see if you really should be classified as an inventor.

If you should be classified as an inventor on the patent, and the patent is still undergoing prosecution, your agent or attorney can petition the USPTO to correct the inventorship to add your name. It is not a complex process, but the precise fees will depend on what your attorney or agent charges.
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