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    Rethinking the Consequences of Incorrect Inventorship Under US Patent Law [CC]

    Rethinking the Consequences of Incorrect Inventorship Under US Patent Law [CC]
    CLE 90 min

    Rethinking the Consequences of Incorrect Inventorship Under US Patent Law [CC]

    35 U.S.C. Section 101 establishes patent law, allowing inventors to obtain patents for new and useful processes, machines, or compositions of matter. Inventorship involves determining contributors to an invention's conception. Errors in naming inventors can lead to patent invalidity. This webinar explores whether inventor-naming errors should affect patent enforceability.

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    Closed Captioned.

    "Whoever invents or discovers" is permitted to seek and secure a patent under section 101 of the patent statute. Applying the statute, however, can require inventorship determinations that are both opaque and subjective. Inventing itself is characterized as a mental act, one dependent upon completing "conception" of what is claimed, with joint inventorship depending upon a "not qualitatively insignificant contribution" to the completed conception. Courts have referred to such assessments as "one of the muddiest concepts in the muddy metaphysics of the patent law." Against this judicial backdrop, the consequence of even the most innocent inventor-naming mistake can be draconian: patent invalidity, even where the naming error is inconsequential to the ownership of a patent that otherwise would be entirely valid.

    This webinar brings together thought leaders to consider proposals that would eliminate inventor-naming errors as basis for unpatentability or patent invalidity, as well as limit patent unenforceability on inventor-naming grounds to the circumstance where corrected inventorship is necessary to correct patent ownership. A third proposal would require "accounting" among joint owners for any use of a patent invention undertaken prior to a correction of ownership-changing joint inventorship.


    Product Details

    Product Code

    PT2405UPLOLC

    Duration

    90

    Publication Date

    5/9/2024 12:00:00 AM

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