Wiscagent
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Re: Patend granted without all inventors named
« Reply #5 on: Apr 23rd, 2005, 6:52am » |
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Assuming that the error in inventorship was made without deceptive intent, the correct procedure for correcting inventorship on a granted patent is to file a petition under 37 CFR 1.324, in accordance with 35 USC 256.
I believe, that if during a court proceeding the judge were convinced that the error in inventorship occured with "deceptive intent," then the patent would be declaired invalid.
Summary: the patent owner is strongly motivated to list all the correct inventors, and only the correct inventors.
Richard Tanzer
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