35 U.S.C. § 256 — Correction of named inventor

submitted 74 years ago by ch. 950 to r/title-35-PATENTS · 130 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Director can fix a patent that names the wrong inventor, or leaves one out, by mistake. All parties involved must apply together and prove the facts. This kind of mistake does not make the patent invalid if it gets corrected.

(a) Correction If, by mistake, a patent names someone as an inventor who isn't one, or leaves out someone who is, the Director may issue a certificate correcting the error. This requires an application from all the parties and assignees involved, along with proof of the facts and anything else required. (b) Patent Valid if Error Corrected Wrongly naming or leaving out an inventor does not make the patent invalid, as long as the error can be fixed under this section. A court reviewing the issue can order the patent corrected, after giving notice and a hearing to everyone involved, and the Director must then issue the correcting certificate.

the actual law source: uscode.house.gov ↗public domain

(a)Correction.—

Whenever through error a person is named in an issued patent as the inventor, or through error an inventor is not named in an issued patent, the Director may, on application of all the parties and assignees, with proof of the facts and such other requirements as may be imposed, issue a certificate correcting such error.

(b)Patent Valid if Error Corrected.—

The error of omitting inventors or naming persons who are not inventors shall not invalidate the patent in which such error occurred if it can be corrected as provided in this section. The court before which such matter is called in question may order correction of the patent on notice and hearing of all parties concerned and the Director shall issue a certificate accordingly.

Source credit: (July 19, 1952, ch. 950, 66 Stat. 810; Pub. L. 97–247, § 6(b), Aug. 27, 1982, 96 Stat. 320; Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4732(a)(10)(A)], Nov. 29, 1999, 113 Stat. 1536, 1501A–582; Pub. L. 107–273, div. C, title III, § 13206(b)(1)(B), Nov. 2, 2002, 116 Stat. 1906; Pub. L. 112–29, § 20(f), Sept. 16, 2011, 125 Stat. 334.)

history & why it existsrecord from the source credit

1952Enacted · Act of July 19, 1952, ch. 950 · 66 Stat. 810
1982Amended · Pub. L. 97-247 · 96 Stat. 320
1999Amended · Pub. L. 106-113 · 113 Stat. 1536, 1501
2002Amended · Pub. L. 107-273 · 116 Stat. 1906
2011Amended · Pub. L. 112-29 · 125 Stat. 334

A history note hasn’t been published yet. The record shows enactment by ch. 950 on 1952-07-19.

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