Can inventorship be corrected through reissue instead of reexamination?
Yes, inventorship can be corrected through reissue if it’s not addressed during reexamination. As stated in MPEP 2250.02:
“Alternatively, the failure to name the correct inventive entity is an error in the patent which is correctable by reissue under 35 U.S.C. 251.”
The MPEP further directs readers to MPEP ยง 1412.04 for more information on when correction of inventorship by reissue is appropriate. This option provides an alternative method for correcting inventorship errors in patents.
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2250.02 - Correction Of Inventorship,
Patent Law,
Patent Procedure