Getting inventorship wrong can do more than complicate a patent, it can destroy it. In this episode, we unpack a recent Federal Circuit decision that invalidated two patents after a co-inventor was omitted and couldn’t be added later. Using Fortress Iron v. Digger Specialties as a case study, we explore why inventorship errors arise in collaborative development environments, why some mistakes can’t be fixed after issuance, and what companies can do early in development to protect the enforceability of their patents.

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• Inventorship Errors Can Undermine Patent Value: Practical Steps to Reduce Risk

 About the Authors

• Karthika Perumal, Ph.D.
• Michael R. Samardzija, Ph.D.
• Jeffrey S. Whittle