What to do next
Separate inventorship from ownership
Inventors are the people who conceived the invention as claimed - not everyone who contributed effort, funding or direction. Ownership then follows assignment, employment terms or contract. A named inventor may own nothing; an owner may have invented nothing. Correcting inventorship is a defined procedure, not a negotiation.
Trace the chain of assignment
Check employment agreements for invention-assignment clauses, contractor agreements, university or research institution policies, and any recorded assignments at the patent office. Gaps in the chain are common and are usually discovered during diligence, when they are most expensive.
Establish who conceived what, and when
Laboratory notebooks, design records, dated files, email and version history. Conception evidence is what resolves inventorship, and contemporaneous records carry far more weight than recollection.
What to prepare
The patent or application, all employment and contractor agreements, any assignment documents and their recordal, the development record showing who contributed what, and funding or collaboration agreements. Where a university or research body was involved, its IP policy usually governs.
Possible legal pathways
A correction of inventorship at the patent office, a confirmatory assignment negotiated between the parties, a declaratory claim on ownership, or a claim for breach of the assignment obligation. Co-ownership without an agreement is worth avoiding: co-owners may have independent rights to exploit or license, which is rarely what either intended.
Frequently asked questions
Can inventorship be corrected?
Yes, through a defined procedure at the patent office. It matters - an incorrectly named inventor can leave the patent vulnerable to challenge, so it is worth fixing rather than living with.
My employee invented it - do I own it?
It depends on the employment terms and the circumstances. See the employee invention ownership page, since the default rules differ from those for contractors.
What happens with co-owned patents?
Without an agreement, co-owners may each have rights to use or license independently, which frequently undermines the value both expected. Address it by agreement early.
Does funding a project give me ownership?
Not by itself. Funding without a written assignment generally does not transfer rights - a point discovered painfully during diligence.
Which court decides ownership?
In Canada, the Federal Court can determine entitlement, and provincial superior courts hear contractual disputes about assignment.
This is general information, not legal advice. Laws vary by location and every situation is different — speak with a qualified lawyer about your specific circumstances.