co-inventors and first-to-file

Joint inventors usually have an employment agreement or a project agreement whereby their work/responsibilities are outlined. Under 35 USC 102 of the new AIA, joint inventors to a particular project must be named as co-inventors, and if one inventor tries to exclude a legitimate inventor from the patent, the patent can be held invalid based upon fraud upon the Patent Office. So, concomitantly, if an inventor has been unlawfully excluded, that inventor can bring the facts to the attention of the Patent Office who will then make a determination as to whether or not the omitted inventor should justly be considered a viable inventor with respect to the invention sought to be patented. Joint research projects are addressed in 35 USC 102(c).