Correcting Inventorship During Litigation: When, Why, How

Law360, New York (July 31, 2012, 1:26 PM EDT) -- Failure to correctly name the inventor(s) of patented subject matter (i.e., the claimed invention) can result in the claims being held invalid or even a change in the ownership of the patent. Best practices, of course, dictate that counsel advise the patent owner to investigate and correct inventorship if necessary prior to asserting the patent. Such a prelitigation due diligence practice can help prevent “inventorship” issues from complicating and adding to the costs of litigation.  

Nonetheless, parties frequently challenge the validity and enforceability of patents...
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