A brief primer on when an employer has standing to bring a claim under Section 256 of the Patent Act, asking that a non-party employee be added as an inventor: you’ll have to show that you will have rights to the patent you would not otherwise have, or, more specifically, that the employee had a duty to assign the patent to you. If you gain nothing by the correction then you have no standing.
Or perhaps another way to skin the cat is to have the employee assign any interest it may have in the patent to you, as Informatics states was done in its Amended Complaint (para. 78).
Update: It works. Informatics Applications Group, Inc. v. Shkolnikov, No. 1:11cv726 (JCC/JFA) (Dec. 27, 2011 E.D. Va.).
Informatics Applications Group, Inc. v. Shkolnikov, No. 1:11cv726 (JCC/JFA) (Oct. 11, 2011 E.D. Va.).
The text of this work is licensed under a Creative Commons Attribution-No Derivative Works 3.0 United States License.
