Excluded from the inventor's lists

[karenlau]

I feel cheated by my institute I worked for.

I heard from my project leader today that my name would be excluded from a patent filing. I worked in this project from the beginning. I think my project leader is fine if I am included in the file but my director(the head of institute) is not agree.
I heard from my project leader, my department manager argued that I should be included in the patent but the director doesn't agree because the inventors are too much (4 actually, but now is reduced to 2, project leader and department manager). I did the setup of the equipment and purchasing of the right materials. I really feel angry because I can use this patent in the school application form for PhD(I am a bachelor's degree holder). My project leader told me that I would be given a share if they can sell it.

It's not about money, it's about IP that I've been working for. It's really up to the institute whether they want to give me money or not (black and white agreement in the employment contract). I just feel that I shouldn't continue with the project because there's no point for me to be in. Actually I really feel I should resign for my disagreement with the treatment I get. Do you have any thought with the problem I face now? I need suggestion because I feel I want to come to the director office and spit on his face literally.

 

[Choppy]

The real question is whether you invented whatever it is that's going into the patent application. Unfortunately having worked on the project doesn't mean that the idea itself was yours. Patents are generally about the ideas and so just putting work in on a project doesn't necessarily entitle you to put your name on the patent.

Generally, I would say purchasing and setting up equipment doesn't entitle you to be named on a patent. If that's the extent of your envolvement, it doesn't necessarily entitle you to be named on any academic work to come out of the project either.

If you feel that you had a legitimate hand in the conceptual development of the idea, you may want to talk with this director (politely) and explain your reasoning. Be willing to listen to his position on the subject as well.

You may also want to consider other things that could come out of the project as well.
- Are there any academic publications coming that you might be named on?
- Will these people write you good letters of recommendation for graduate school?
- Could you use this experience as an opportunity to learn how the invention and development process works, so that when you have an idea of your own you can capitalize on it (before someone else with more experience does)?