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0 tracked cards Commercial and Taxation Laws

Ardent Microelectronics, Inc. developed a novel microprocessor optimization technique claimed in Patent No. PH-ARX-2027-OPT. The patent record lists only Ms. Anya Ramis as inventor. A junior research fellow, Dr. Sora Kim, who contributed to the conceptual breakthrough, now asserts that she is the true inventor. (a) State the True and Actual Inventor's Remedy doctrine and the relief it contemplates. (b) What must Kim establish to be corrected as inventor, and who bears the burden of proof? (c) Identify the proper forum for pursuing this remedy and explain the effect of a successful correction on existing licenses and assignments.

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Criminal complaint for falsification of patent documents in the prosecutor’s office. Administrative petition with IPOPHL to correct inventorship that affects only the patent registration but does not address or require any change in existing licenses or assignments. Motion for reexamination of the patent claims to validate the correction of inventorship. Petition for correction of inventorship filed with IPOPHL; relief contemplates amending the patent record to name the true inventor and, if necessary, updating related assignments; the burden of proof rests on the party seeking correction to prove misnaming by preponderance of evidence.

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