Can inventorship be corrected during inter partes reexamination?

Yes, inventorship can be corrected during inter partes reexamination. The MPEP provides guidance on this matter:

“Correction of inventorship may also be made during reexamination. See 37 CFR 1.324 and MPEP § 1481 for petition for correction of inventorship in a patent.”

However, the process for correction is slightly different in reexamination:

“If a petition filed under 37 CFR 1.324 is granted, a Certificate of Correction indicating the change of inventorship will not be issued, because the reexamination certificate that will ultimately issue will contain the appropriate change-of-inventorship information (i.e., the Certificate of Correction is in effect merged with the reexamination certificate).”

Patent owners should follow the procedures outlined in MPEP § 1481 and 37 CFR 1.324 to correct inventorship during reexamination.

To learn more:

Topics: MPEP 2600 - Optional Inter Partes Reexamination, MPEP 2658 - Scope Of Inter Partes Reexamination, Patent Law, Patent Procedure
Tags: 37 cfr 1.324, inter partes reexamination, Inventorship Correction, MPEP 1481, reexamination certificate