When The Clock Starts For Correction Of Inventorship

Law360, New York (November 20, 2012, 4:36 PM EST) -- The Federal Circuit’s Nov. 14, 2012, Hor and Meng v. Chu decision[1] holds that the laches “clock” for filing a correction of inventorship action under § 256 of the Patent Act:

begins to run only upon issuance of the patent-in-question; and never begins to run before issuance of the patent-in-question.  

This is the case even if the party seeking to correct inventorship knew or should have known of the basis for its potential correction of inventorship action prior to issuance of the patent.

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