July 2009

By Paul A. Ragusa and Jason Chumney

A patent can be held invalid for incorrect inventorship, and co-inventorship of one, even relatively insignificant, claim can entitle a co-inventor to an ownership stake in every claim of the patent. Moreover, failure to join all co-inventors/owners as plaintiffs can prevent the real party in interest from enforcing a patent. A recent decision by the Court of Appeals for the Federal Circuit, Nartron Corp. v. Schukra U.S.A., Inc., is illustrative of such risks

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