Q: An error in patent inventor list was identified after 10 years of filing of the patents.

A: It seems highly unlikely that "emotional trauma" would be an element of damages in this context.

The correct legal terminology is "mental anguish." As an element of damages, mental anguish is usually only recoverable in suits involving physical impact and resulting bodily injury or a those involving a particularly disturbing event.

The list of particularly disturbing events for which mental anguish is a compensable element of damages includes sexual touching, witnessing an injury to a close relative, the wrongful death of a close relative, defamation, invasion of privacy, by a parent for the abduction of a child, special relationships like physician-patient when the foreseeable result of a breach of duty is such damages (e.g. a doctor's negligence that caused the loss of a fetus), and the breach of certain special contracts that deal with intensely emotional, non-commercial subjects like the mishandling of a corpse.

In addition, certain statutes expressly allow for the recovery of mental anguish as an element of damages for a knowing violation of the statute.

This type of damage is not recoverable in most breach of contract cases, in cases involving purely economic losses, or in cases involving negligent harm to real or personal property.

Leaving an inventor's name off a patent is a somewhat specific fact pattern that likely has never been specifically addressed by a court but it seems to me to be more in the nature of a purely economic loss or negligent harm to personal property than the types of "particularly disturbing events" for which mental anguish has been allowed in the past.

A: It's understandable to feel distressed over being omitted from the inventor list for a decade. The organization has made efforts to correct the error by reissuing the patents with your name and providing the standard patent filing and issue awards. However, this action may not fully address the emotional trauma you experienced.

Compensation for emotional distress is a separate issue and can be more complex. It's important to consider whether you have legal grounds to pursue further compensation for the emotional harm caused by the omission. Consulting with a legal expert can help you understand your rights and the potential for additional compensation.

While the organization corrected the error, you might feel that this isn't enough to remedy the emotional impact. It's within your rights to seek advice and explore any further steps you might take to address this issue comprehensively.