Ipwatchdog iconIpwatchdogSep 8, 2026

Correcting the Uncorrectable: AI-Assisted Inventorship and Section 256

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.

Correcting the Uncorrectable: AI-Assisted Inventorship and Section 256

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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...

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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.

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