Posted by Michael Shimokaji | Apr 07, 2019 | 0 Comments

QUESTION: How can I correctly petition with the USPTO my right to be a named co-inventor on a patent that just issued? I have been the co-inventor of dozens of patents related to ceiling storage devices. I am the founder of HyLoft and we had some 20+ patents; utility and design issued over a 8 year period. Mr. Mattson and I live in Las Vegas. I heard he was working on a new type of ceiling storage device specfically to house or store plastic totes. We worked together for about 8 months on the embodiment and claims of the device. I took my daughter to her first semester at George Fox in Oregon and got really ill with a kidney stone. While I was waiting for surgery for that kidney stone, Mr. Mattson filed the patent application without adding me as a co-inventor. I filed a Patent Protest and followed the process thereof. The patent issued on Dec 11 2018 without me listed as a co-inventor. I have two inches of documentation supporting my rights as a co-inventor and specific claims associated with the patent.

ANSWER: You can file a lawsuit in federal court to correct the list of inventors.

About the Author

Michael Shimokaji

Michael’s expertise includes the strategic development of patent and trademark portfolios. He identifies those patents and trademarks that are valuable to his clients by providing them with a competitive advantage. Then, Michael obtains patent and trademark registrations in the US and abroad.


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