What can you do if someone stole your invention and applied for a patent without naming you as an inventor?

In a scenario where someone has applied for a patent on an invention that you originally created but did not name you as the inventor, filing a patent application can indeed be a strategic response. By submitting your own patent application, you can establish your claim to the invention and create a record of your inventorship. If you can demonstrate that you are the rightful inventor, this may help in an eventual dispute over the invention’s ownership.

If the initial application was filed without your consent or knowledge, filing your own application serves multiple purposes. It protects your rights and may lead to an interference proceeding where the USPTO decides who has the superior rights to the invention. Additionally, it reflects your proactive stance in legally asserting ownership of the invention, which is essential in disputes with other parties.

While options such as contacting the USPTO or seeking an attorney's advice may be part of a broader strategy to address the infringement, they do not provide the same immediate protective action as filing your own application. Notifying the court may also come into play later, particularly if legal action is necessary to resolve disputes about ownership or infringement, but this is typically a later step after establishing your own patent rights or seeking legal help.