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

Prepare for the USPTO Patent Bar Exam with comprehensive quizzes and multiple-choice questions that include hints and thorough explanations. Enhance your understanding and confidently tackle the exam!

If someone has stolen your invention and applied for a patent without naming you as an inventor, the most appropriate action is to file a patent application. This action serves multiple purposes: it formally establishes your claim to the invention and creates a record of your rights as the true inventor. In the realm of patents, being named as the inventor is critical because it dictates ownership and rights to the invention's benefits.

Filing your own patent application can assert your rights and potentially invalidate the unauthorized patent if you can prove your status as the actual inventor. Additionally, upon obtaining your patent, you can initiate legal actions against the person who claimed your invention, further reinforcing your position.

Other actions, such as contacting the USPTO or immediately notifying the court, are not the first step in this situation. While legal advice may be valuable, seeking an attorney's advice alone is not a course of action that directly addresses the issue of establishing your rights to the invention through an official patent application. Therefore, pursuing your application is the most direct and decisive way to protect your interests in the invention.

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