The Federal Circuit Clarifies the Stakes of Inventorship Errors—and the Limits of Corrections

In the past month, the Federal Circuit has turned renewed attention to inventorship, issuing two precedential decisions that underscore the risks of getting it wrong. As a general rule, a patent must name all inventors of the claimed subject matter, and failure to do so can render the patent invalid. Although 35 U.S.C. § 256 provides a mechanism to correct inventorship errors retroactively, correction is not always a complete cure. Omission of an inventor can still create serious validity and enforcement problems.

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