Can the Patent Trial and Appeal Board correct inventor names in a derivation proceeding?
Yes, the Patent Trial and Appeal Board (PTAB) has the authority to correct inventor names during a derivation proceeding. This power is explicitly stated in MPEP 2310.01, which cites 35 U.S.C. 135(b):
“In appropriate circumstances, the Patent Trial and Appeal Board may correct the naming of the inventor in any application or patent at issue.”
This means that if the PTAB determines during a derivation proceeding that the wrong inventor or inventors are named on a patent application or issued patent, they have the power to correct this error. This authority ensures that the true inventor(s) are properly credited for their invention, which is a fundamental principle of patent law.
To learn more:
Topics:
MPEP 2300 - Interference And Derivation Proceedings,
MPEP 2310.01 - Statutory Basis,
Patent Law,
Patent Procedure