"Correcting Patent Inventorship: First Make Sure You Are the Patent Owner," R. Eric Gaum, Esq. and Meghan Sheehan, Law Clerk

The recent case of Borden M. Larson v. Correct Craft, Inc, et al. examined when an inventor may bring a claim for correction of patent inventorship. The Court of Appeals for the Federal Circuit analyzed the issue and determined that, since the inventor in this case had assigned all of his rights away, he did not have standing to bring such a claim. Until ownership of the patents at issue was decided in State Court, the inventor had no standing to bring claims for correction of inventorship in Federal Court.