Stevens v. Broad Reach, 79 USPQ2d 1501 (W.D.Mo. 2006).
Feeling he had been slighted by not being listed as the inventor on a patent application directed to a liquid polymer blender, Kirt Stevens sued -- seeking a judgment that he is the inventor of the claimed invention and an injunction forcing an amendment to the pending application.
On motion, however, the court dismissed the claims for lack of subject matter jurisdiction. In particular, the court found that amendment of inventorship in a patent application is governed by 35 U.S.C. § 116. That statute provides that amendment be made before the PTO and, according to the court "does not provide a private right of action in federal court to resolve inventorship disputes in patent applications."
Case dismissed.
Notes: Of course, Stevens cannot take action under Section 116 without the cooperation of the other side. Suggestions for Stevens? The application, filed in October 2004, has apparently neither been published nor issued as a patent.
