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  1. #1
    Join Date
    May 2012
    Posts
    1

    Default Provisional Patent Without My Name

    I had a mobile application idea and shared my idea with my co-worker. Later, he suggested we file for a provisional patent together. We verbally agreed that each of us owns half of the patent rights with the condition of him paying for all the development and legal costs. We went to the IP attorney's office a couple of times together to explain my idea. Finally, the attorney finished the paperwork for the provisional patent. However, I then found out that my name doesn't appear in either the provisional application or power of attorney page.
    I emailed my partner to ask why my name does not appear there. He said he doesn't know and said he will add my name on there. However it looks like he just signed on the paper and filed it without my name...
    What do you think I should do about it?
    Even if there is a way to put my name back and re-file it again, I am not sure if I still want to work with him. Is there a way to file the utility patent by myself? Or is it that since I already agreed with him for the half of the patent rights, I have no choice but to just go with him?

    Appreciate any comments. Thank you

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    64,964

    Default Re: Provisional Patent Without My Name

    You jointly retained this lawyer? What did the lawyer say when you discussed the omission?

  3. #3
    Join Date
    Sep 2010
    Posts
    6,649

    Default Re: Provisional Patent Without My Name

    Mr. KIA is right, ask the lawyer. The provisional can be fixed. However, if it is a matter of trust, be advised that filing a utility patent that's not a conversion of the provisional can very much be challenged by the holder of the provisional (the whole point of the provisional is to temporary lock down patent rights while the non-provisional application is made).

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