In our experience, many clients are under the impression that the naming of inventors on a patent application is discretionary and that they can simply select whom they wish to name. We have seen situations where, for internal political reasons, someone wants
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Employees Who Assign Patent Rights to Employers May Have Standing to Challenge Omission as Inventors
Employers do not automatically obtain legal ownership of the patent rights to their employees’ inventions simply because of the employer-employee relationship. Thus, it is a standard practice to require employees to assign their patent rights to their employers in an employment agreement.
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The law of inventorship is not too difficult to state but can be very difficult to apply in practice. In general, only those individuals who contributed to the conception of the claimed invention in a patent should be named as inventors.
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