The question of inventorship, which is sometimes not thoroughly vetted during patent prosecution, can be of paramount importance in patent litigation.
Properly Name Inventors on Patents
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, <i>Nartron Corp. v. Schukra U.S.A., Inc.</i>, is illustrative of such risks
By
Paul A. Ragusa And Jason ChumneyThis premium content is locked for LawJournalNewsletters subscribers only
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