35 U.S.C. 256: Correction of named inventor

Taken from the 9th Edition of the MPEP, Revision 07.2022, Published February 2023

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

[Editor Note: Applicable to proceedings commenced on or after September 16, 2012. See 35 U.S.C. 256 (pre-AIA) for the law otherwise applicable.]

  • (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.

(Amended Aug. 27, 1982, Public Law 97-247, sec. 6(b), 96 Stat. 320; Nov. 29, 1999, Public Law 106-113, sec. 1000(a)(9), 113 Stat. 1501A-582 (S. 1948 sec. 4732(a)(10)(A)); amended Sept. 16, 2011, Public Law 112-29, sec. 20(f) (effective Sept. 16, 2012), 125 Stat. 284.)