Cite as 35 U.S.C. § 256 Source: July 19, 1952, ch. 950, 66 Stat. 810; Pub. L. 97-247, §6(b), Aug. 27, 1982, 96 Stat. 320; Pub. L. , 106-113 div. B, § 1000 (a)(9) [title IV, §4732(a)(10)(A)], Nov. 29, 1999, 113 Stat. 1536, 1501A-582; Pub. L. , 107-273 div. C, title III, § 13206 (b)(1)(B), Nov. 2, , 116 Stat. 1906; 2002 Pub. L. , 112-29 § 20 (f), Sept. 16, , 125 Stat. 334. 2011 current through 4/20/2020 HISTORICAL AND REVISION NOTES
This section is new and is companion to section 116.
The first two paragraphs provide for the correction of the inadvertent joining or nonjoining of a person as a joint inventor. The third paragraph provides that a patent shall not be invalid for such cause, and also provides that a court may order correction of a patent; the two sentences of this paragraph are independent.
AMENDMENTS 2011- Pub. L. 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". 112-29 2002- Pub. L. made technical correction to directory language of 107-273 Pub. L. . See 1999 Amendment note below. 106-113 1999- Pub. L. as amended by 106-113 Pub. L. substituted "Director" for "Commissioner" in two places. 107-273 1982- 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.