§ 256. Correction of named inventor

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1952

   July 19, 1952, ch. 950, 66 Stat. 810 · 66 Stat. 810

   Enacted · 35 U.S.C. § 256

   July 19, 1952, ch. 950, 66 Stat. 810

   Source evidence

   Code source credit
   July 19, 1952, ch. 950, 66 Stat. 810

2. 1982

   Pub. L. 97–247 § 6(b) · 96 Stat. 317

   1. Substituted · 35 U.S.C. § 256

      Pub. L. 97–247 substituted “Correction of named inventor” for “Misjoinder of inventor” as section catchline and, in text

   2. Substituted · 35 U.S.C. § 256

      Pub. L. 97–247 substituted “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 and such error arose without any deceptive intention on his part, the Commissioner 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” for “Whenever a patent is issued on the application of persons as joint inventors and it appears that one of such persons was not in fact a joint inventor, and that he was included as a joint inventor by error and without any deceptive intention, the Commissioner 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 deleting the name of the erroneously joined person from the patent”

   3. Substituted · 35 U.S.C. § 256

      Pub. L. 97–247 substituted “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” for “Whenever a patent is issued and it appears that a person was a joint inventor, but was omitted by error and without deceptive intention on his part, the Commissioner 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 adding his name to the patent as a joint inventor”

   4. Struck · 35 U.S.C. § 256

      Pub. L. 97–247 struck out provision that the misjoinder or nonjoinder of joint inventors not invalidate a patent, if such error could be corrected as provided in this section

   Source evidence

   Code amendment note
   Pub. L. 97–247 substituted “Correction of named inventor” for “Misjoinder of inventor” as section catchline and, in text, substituted “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 and such error arose without any deceptive intention on his part, the Commissioner 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” for “Whenever a patent is issued on the application of persons as joint inventors and it appears that one of such persons was not in fact a joint inventor, and that he was included as a joint inventor by error and without any deceptive intention, the Commissioner 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 deleting the name of the erroneously joined person from the patent”, substituted “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” for “Whenever a patent is issued and it appears that a person was a joint inventor, but was omitted by error and without deceptive intention on his part, the Commissioner 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 adding his name to the patent as a joint inventor”, and struck out provision that the misjoinder or nonjoinder of joint inventors not invalidate a patent, if such error could be corrected as provided in this section.

   Enacted provision · exact public law section
   (b) Section 256 of title 35, United States Code, is amended to read as follows: “§ 256. Correction of named inventor “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 and such error arose without any deceptive intention on his part, the Commissioner 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. “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 Commissioner shall issue a certificate accordingly.”.

3. 1999

   District of Columbia Appropriations Act, 2000

   Pub. L. 106–113 div. B § 1000(a)(9)(tIV)(s4732)(a)(10)(A) · 113 Stat. 1501

   1. Amended · 35 U.S.C. § 256

      Pub. L. 106–113, as amended by Pub. L. 107–273

   2. Substituted · 35 U.S.C. § 256

      Pub. L. 106–113, as substituted “Director” for “Commissioner” in two places

   Source evidence

   Code amendment note
   Pub. L. 106–113, as amended by Pub. L. 107–273, substituted “Director” for “Commissioner” in two places.

4. 2002

   Intellectual Property and High Technology Technical Amendments Act of 2002

   Pub. L. 107–273 div. C title III § 13206(b)(1)(B) · 116 Stat. 1758

   Changed · 35 U.S.C. § 256

   Pub. L. 107–273 made technical correction to directory language of Pub. L. 106–113. See 1999 Amendment note below

   Source evidence

   Code amendment note
   Pub. L. 107–273 made technical correction to directory language of Pub. L. 106–113. See 1999 Amendment note below.

   Enacted provision · exact public law section
   (B) in paragraph (10)(A), by inserting after “title 35, United States Code,” the following: “other than sections 1 through 6 (as amended by chapter 1 of this subtitle),”.

5. 2011

   Pub. L. 112–29 § 20(f) · 125 Stat. 334

   1. Amended · 35 U.S.C. § 256

      Pub. L. 112–29 designated first and second pars. as subsecs. (a) and (b), respectively

   2. Inserted · 35 U.S.C. § 256

      Pub. L. 112–29 inserted headings, and, in subsec. (a)

   3. Struck · 35 U.S.C. § 256

      Pub. L. 112–29 struck out “and such error arose without any deceptive intention on his part” after “not named in an issued patent”

   Source evidence

   Code amendment note
   Pub. L. 112–29 designated first and second pars. as subsecs. (a) and (b), respectively, inserted headings, and, in subsec. (a), struck out “and such error arose without any deceptive intention on his part” after “not named in an issued patent”.

   Enacted provision · exact public law section
   (f) Correction of Named Inventor.— Section 256 of title 35, United States Code, is amended— (1) in the first undesignated paragraph— (A) by striking “Whenever” and inserting “(a) Correction.—Whenever”; and (B) by striking “and such error arose without any deceptive intention on his part”; and (2) in the second undesignated paragraph, by striking “The error” and inserting “(b) Patent Valid if Error Corrected.—The error”.

   Effective date note
   Amendment by Pub. L. 112–29 effective upon the expiration of the 1-year period beginning on Sept. 16, 2011, and applicable to proceedings commenced on or after that effective date, see section 20(l) of Pub. L. 112–29, set out as a note under section 2 of this title.

8 of 11 references resolved to an enrolled provision · 3 partial