4 Inventorship Lessons From Fed. Circ.'s Dana-Farber Ruling

Law360 (September 14, 2020, 5:56 PM EDT) -- A patent's inventors are presumed to own the patent.[1] Thus, significant business decisions are often predicated on the understanding that a patent's inventors are correctly named. These decisions can run the gamut from licensing or purchasing patent rights and investing in product development to planning strategies in patent infringement litigation.

If a patent's inventorship is later corrected, the consequences can be significant. For example, one potential defense to a claim of infringement is to obtain a license from a putative inventor and seek correction of inventorship under Title 35 of the U.S. Code, Section 256.

The Dana-Farber inventorship litigation, Dana-Farber Cancer Institution...

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