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  3. Correcting the Uncorrectable: AI-Assisted Inventorship and Section 256

IPWatchdog

Correcting the Uncorrectable: AI-Assisted Inventorship and Section 256

Under 35 U.S.C. Section 256, one can only correct an inventorship error when the underlying facts and the affected parties can actually be identified, and when the statutory correction procedure can be completed. AI-assisted invention is starting to produce cases where none of that is possible: the development record shows plenty of human activity, but nothing in it establishes which person actually conceived the claimed invention. After Fortress Iron, LP v. Digger Specialties, Inc., No. 2024-23

Continue with the complete report on the publisher’s website.

Read full article at IPWatchdog
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By IPWatchdog

8 September 2026|1 min read
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