§ 256. — Misjoinder of inventor.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 35USC256]
TITLE 35--PATENTS
PART III--PATENTS AND PROTECTION OF PATENT RIGHTS
CHAPTER 25--AMENDMENT AND CORRECTION OF PATENTS
Sec. 256. Correction of named inventor
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
and such error arose without any deceptive intention on his part, the
Director may, on application of all the parties and assignees, with
proof of the facts and such other requirements as may be imposed, issued
a certificate correcting such error.
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.
(July 19, 1952, ch. 950, 66 Stat. 810; Pub. L. 97-247, Sec. 6(b), Aug.
27, 1982, 96 Stat. 320; Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title
IV, Sec. 4732(a)(10)(A)], Nov. 29, 1999, 113 Stat. 1536, 1501A-582; Pub.
L. 107-273, div. C, title III, Sec. 13206(b)(1)(B), Nov. 2, 2002, 116
Stat. 1906.)
Historical and Revision Notes
This section is new and is companion to section 116.
The first two paragraphs provide for the correction of the
inadvertent joining or nonjoining of a person as a joint inventor. The
third paragraph provides that a patent shall not be invalid for such
cause, and also provides that a court may order correction of a patent;
the two sentences of this paragraph are independent.
Amendments
2002--Pub. L. 107-273 made technical correction to directory
language of Pub. L. 106-113. See 1999 Amendment note below.
1999--Pub. L. 106-113, as amended by Pub. L. 107-273, substituted
``Director'' for ``Commissioner'' in two places.
1982--Pub. L. 97-247 substituted ``Correction of named inventor''
for ``Misjoinder of inventor'' as section catchline and, in text,
substituted ``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 and such error arose without any deceptive intention on
his part, the Commissioner 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'' for ``Whenever a
patent is issued on the application of persons as joint inventors and it
appears that one of such persons was not in fact a joint inventor, and
that he was included as a joint inventor by error and without any
deceptive intention, the Commissioner 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 deleting the name of
the erroneously joined person from the patent'', substituted ``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'' for ``Whenever a patent is
issued and it appears that a person was a joint inventor, but was
omitted by error and without deceptive intention on his part, the
Commissioner 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 adding his name to the patent as a joint inventor'', and
struck out provision that the misjoinder or nonjoinder of joint
inventors not invalidate a patent, if such error could be corrected as
provided in this section.
Effective Date of 1999 Amendment
Amendment by Pub. L. 106-113 effective 4 months after Nov. 29, 1999,
see section 1000(a)(9) [title IV, Sec. 4731] of Pub. L. 106-113, set out
as a note under section 1 of this title.
Effective Date of 1982 Amendment
Amendment by Pub. L. 97-247 effective six months after Aug. 27,
1982, see section 17(c) of Pub. L. 97-247, set out as an Effective Date
note under section 294 of this title.
