Does correcting inventorship through reissue enlarge the scope of patent claims?
No, correcting inventorship through reissue does not enlarge the scope of the patent claims. The MPEP explicitly states:
“The correction of inventorship does not enlarge the scope of the patent claims.”
This is important because it means that a reissue application for correcting inventorship can be filed even when the reissue application does not seek to enlarge the scope of the claims of the original patent. In such cases, the reissue oath may be made and sworn to, or the declaration made, by the assignee of the entire interest under 37 CFR 1.172.
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