Can a 37 CFR 1.48 request or a 37 CFR 1.324 petition be used to correct inventorship in a reissue application?
No, a request under 37 CFR 1.48 or a petition under 37 CFR 1.324 cannot be used to correct the inventorship of a reissue application. The MPEP clearly states:
“A request under 37 CFR 1.48 or a petition under 37 CFR 1.324 cannot be used to correct the inventorship of a reissue application.”
If such a request or petition is filed in a reissue application, it should be dismissed and the processing or petition fee refunded. Instead, the material submitted with the request or petition should be considered to determine if it complies with 37 CFR 1.175. If it does comply, the correction of inventorship will be permitted as a correction of an error in the patent under 35 U.S.C. 251.
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