How does First to File affect multiple inventors?

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How does first to file affect multiple inventors?

It used to be that if an author/inventor was not listed on the patent the author could lose the patent rights due to the multiple inventor rule.

For example, Advanced Magnetic Closures, Inc. v. Rome Fasteners Corp., 607 F.3d 817 (Fed. Cir. 2010).

user1198289

Posted 2015-04-17T17:51:51.683

Reputation: 141

1entire case was misrepresentation by inventor and not allowing the original inventor its right. first to file is something different, good question we need some time to comeup with quality answer. – Pushpak – 2015-04-18T11:25:09.380

Answers

1

First to File doesn't have any impact.

Magnetic Closures was about inequitable conduct, effectively deliberately lying to the Patent Office about the inventorship of an application. Inequitable conduct can invalidate a patent. This rule hasn't changed.

Another part of the AIA did impact inventorship, and made correction of inventorship simpler: http://www.uspto.gov/blog/aia/entry/message_from_janet_gongola_patent6. However, this doesn't enable correction of inventorship where the initial false claim was deliberate.

Judith

Posted 2015-04-17T17:51:51.683

Reputation: 166