By this application, Sega sought an Order amending the named inventors of a patent. The application was uncontested by the respondent who did not file any evidence or memorandum and did not appear at the hearing. The Court held that the Federal Court is responsible for amending the inventorship of a patent that has already issued.
The Court accepted the evidence that the originally named inventors had no part in the invention and that it had been proven that the inventors sought to be added are sole, real inventors. The Court then held that it was satisfied that test for amending inventors on an issued patent had been met. Furthermore, the Court held that the failure to name an inventor is not a material misrepresentation that would entail a violation of section 53 of the Patent Act.