How can inventors be added or deleted in a reissue application?

Adding or deleting inventors in a reissue application requires specific procedures. According to MPEP 1410.01:

“If an inventor is to be added in a reissue application, a proper reissue oath or declaration including the signatures of all of the inventors is required, except where the assignee of the entire interest can properly sign the reissue oath or declaration.“

For deleting inventors:

“If one or more inventors are being deleted in a reissue application, an oath or declaration must be supplied over the signatures of the remaining inventors, except where the assignee of the entire interest can properly sign the reissue oath or declaration.“

It’s important to note that even if an inventor being deleted doesn’t need to sign the oath or declaration, they may need to consent to the reissue application if they have any ownership interest in the patent.

For more information on consent and correction of inventorship, refer to MPEP § 1410.02 and MPEP § 1412.04.

To learn more:

• adding inventors
• deleting inventors
• reissue application
• inventor’s oath
• inventor’s declaration