Monday, May 02, 2016 11:56:53 PM
Here is some online law on this:
http://legalteamusa.net/tacticalip/2013/06/10/improper-inventor-on-a-patent-application/
"Here in Central Florida, when I am speaking to inventors, this topic comes up all the time. Many times, there is an inventor that is working with an investor (and sometimes that investor is a family member). In those situations, my clients sometimes want to list the investor on the patents, merely to honor that investor, or in an attempt to provide security to the investor in their investment. Unfortunately, the inventor will have done neither by misrepresenting to the Patent Office the inventorship. Instead, all that the inventor has likely done is give grounds for the patent to be easily invalidated.
35 U.S.C. 111 notes that an application for patent shall be made by the inventor. When submitting the patent application, an oath or declaration must be submitted with it. The form for the declaration is available on the PTO website. The declaration specifically states, however, that the person signing believes that they are the original inventor or the original joint inventor of the claimed invention. The signor also acknowledges that a willful false statement is punishable by fine or IMPRISONMENT."
"Here is the catch though – by improperly signing the declaration that was referenced above, an improper inventor listed on the patent application has given the challenging party pretty much everything they need to prove that fraud was committed on the patent office."
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