Patently Enabled - May 2024 - Inventorship of AI-Created Pa…

CORRECTIVE MEASURES

Practitioners should carefully evaluate if the appropriate inventors have been listed on a patent application. Should an error be discovered, there are ways to correct inventorship, including by submitting: a Corrected Application Data Sheet, a Request for Correction of Inventorship, a Corrected Filing Receipt, and processing fees during the pendency of the Application. It may be possible to correct inventorship after issuance of the patent by proceeding with a Request for a Certificate of Correction, provided the error was made without deceptive intent. In some cases, it may even be possible to correct inventorship in district court after litigation has commenced.

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