35 U.S.C. § 256 — Correction of named inventor (MPEP Coverage Index) – BlueIron IP
35 U.S.C. § 256 Correction of named inventor
This page consolidates MPEP guidance interpreting 35 U.S.C. § 256, including 63 rules from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.
Summary
35 U.S.C. 256 provides a legal mechanism for patent applicants to correct errors in inventorship through a formal request for a certificate of correction.
What this section covers
- Explains the statutory basis for correcting inventorship errors in patent applications
- Defines the permissible scope of changes to named inventors on a patent application
Key obligations
- Requires inventors to acknowledge legal consequences of false statements when filing inventorship corrections
- Ensures inventorship changes comply with USPTO requirements for inventor declarations
- Verifies that corrections do not materially alter substantive patent rights
Conditions and exceptions
- Distinguishes between minor administrative corrections and substantive inventorship changes
Practice notes
- Recommends obtaining consent from all named and proposed inventors before filing a correction
- Advises practitioners to carefully document the rationale for any inventorship modification
Official MPEP § 256 — Correction of named inventor
Source: USPTOLast Modified: 10/30/2024 08:50:22
35 U.S.C. 256 Correction of named inventor.
[Editor Note: Applicable to proceedings commenced on or after September 16, 2012. See 35 U.S.C. 256 (pre‑AIA) for the law otherwise applicable.]
- (a) CORRECTION.—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, the Director 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.
- (b) PATENT VALID IF ERROR CORRECTED.— 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.
(Amended Aug. 27, 1982, Public Law 97-247, sec. 6(b), 96 Stat. 320; Nov. 29, 1999, Public Law 106-113, sec. 1000(a)(9), 113 Stat. 1501A-582 (S. 1948 sec. 4732(a)(10)(A)); amended Sept. 16, 2011, Public Law 112-29, sec. 20(f) (effective Sept. 16, 2012), 125 Stat. 284.)
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