I came up with an idea back in 2013 for a medical device but did not have the funding to move forwards with it. After starting my doctorate of physical therapy program, I linked up with a classmate who was able to fund my project and foolishly I allowed him to be listed as a co-inventor on our provisional patent although he had no development of this idea. Upon receiving our provisional patent and having multiple prototypes made, this individual dropped out of school, moved back to Las Vegas and proceeded to file a non-provisional patent for the same exact concept without including me on the new patent in order to cut me out and take it all for himself. Do I have any legal rights to sue this individual in order to get this product back or at least petition the patent attorneys office in order to get his newly formed patent invalidated?
2 Answers from Attorneys
If you try to void his patent, both of you will lose. Your best bet is to have yourself declared a co-inventor. Co-inventors have independent rights to license the patents to others or to manufacture it.
I agree. If you listed him as a co-inventor with the USPTO I do not think you can go back and now say that he was not a co-inventor, particularly given the declarations you must sign when filing for the provisional.
Very truly yours,
/Michael D. Stewart/
MICHAEL D. STEWART, ESQ.
Law Offices of Michael D. Stewart
The 200 Building
200 SE 1st St., Suite 701
Miami, Florida 33131
Admitted to practice in New York and Florida, State and Federal Courts
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