"The America Invents Act repealed Section 102(f) and did not replace it with any equivalent provision, leaving an open question about incorrect inventorship as a defense in patent litigation."
"Section 282(b) enumerates the defenses available in infringement actions, and none of the inventorship grounds are expressly listed, raising concerns about the validity of such defenses."
"The Federal Circuit confirmed that negative implication of Section 256 means if an inventorship error cannot be corrected, the patent is invalid, as seen in Fortress Iron v. Digger Specialties."
The Patent Act mandates correct naming of inventors, with prior provisions allowing incorrect inventorship as a ground for invalidity. The America Invents Act repealed Section 102(f), raising questions about the validity of incorrect inventorship defenses in patent litigation. Section 282(b) does not explicitly list inventorship as a defense, yet Section 256 allows for correction of inventorship errors. The Federal Circuit's ruling in Fortress Iron v. Digger Specialties confirmed that uncorrectable inventorship errors can invalidate patents, leaving other related questions unresolved.
Read at Patently-O
Unable to calculate read time
Collection
[
|
...
]