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Re: sunspotter post# 11524

Saturday, 06/18/2011 4:39:23 PM

Saturday, June 18, 2011 4:39:23 PM

Post# of 222398
This is incorrect. In fact, the European Patent Register allows for modifying the details of a patent during the application process. Both the applicant and inventor list are allowed to be modified. Read up more on the patent process.

http://www.epo.org/service-support/faq/own-file.html#faq-285

If you mean his name was removed from the list of Inventors on the patent, then that alone would be grounds for invalidating the patent. You don't get to be listed because of your status with the company that ends up owning the patent.


This in fact took place, for example, in this patent:

https://register.epo.org/espacenet/application?number=EP07009545

You get listed as an inventor because you were involved in the original invention. If an inventor is removed, or one listed who was not involved, on the final submission then that is very good grounds for contesting a patent.


You misunderstand the use of "inventor" in European patent law. In EU law, the "inventor" is not strictly the person responsible for the invention of the intellectual property, as it is in US patent law.

http://en.wikipedia.org/wiki/Inventor_(patent)

Thus, what happened in this patent ( https://register.epo.org/espacenet/application?number=EP07009545 ) is completely legal and fine in EU patent law. Dr Wang gave the rights to his intellectual property to Rauchless, the employees of which were able to then be listed as inventors. This right was transferred back to Wang and to Smokefree upon the dissolution of Rauchless.

http://www.smokefree-innotec.com/misinformation/mis-information-on-the-boards-setting-the-record-straight

Notice that the US application has and always has had as inventor Dr Wang, according to US patent law.

Further, the patent in dispute with multiple inventors is already withdrawn and invalid

https://register.epo.org/espacenet/application?number=EP07009545

And the valid, granted patent with the EU reflects the updated situation, namely that Wang is inventor and as given ownership to Smokefree Innotec.

https://register.epo.org/espacenet/application?number=EP08738110&tab=main

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