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how can I be listed as primary author of patented device
Iowa City, IA
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Posted 11 months ago in Patent Application
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Patent authorship:
Is there any way to switch listed inventor order, making me the primary author? I invented a device, then enlisted support of a coworker, contributing in a secondary manner accounting for several dependent claims. Our attorney accidentally reversed names on the application, making my coworker the primary author, making me “et al”. My coworker agrees he is a secondary contributor. The disclosure has been published at USPTO but not yet granted. Thanks for any advice you can provide.
Additional information
Thanks to Mr Redinger for his expertise. However, I have a busy attorney – too busy to file additional documents (indeed, his services are provided to a large company). Is there any form I can fill out myself to file with the USPTO? Answers (3)
Craig Andrew Redinger
This attorney is licensed in Michigan.
Posted 11 months ago.
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To make sure that you are the first named inventor, such that your name is listed on the face of the issued patent, you should contact your attorney as soon as possible. Your attorney can file an updated declaration and/or application data sheet, listing you as the first named inventor. However, if you do not do this prior to issuance of the patent, you will not be able to get the patent re-published.
Regards, Craig 
Mario Sergio Golab
This attorney is licensed in Florida.
Posted 5 months ago.
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If your application has not been submitted for publication, then contact your attorney to ask for the switch, otherwise it is too late.
R. S. Missimer
This attorney is licensed in Wisconsin.
Posted 3 months ago.
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Because there is an attorney of record, and several inventors, the unfortunate answer to your "without going through our attorney" question is NO. You will have to use the existing or new attorney of record.
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