What are the requirements for a petition to correct inventorship during reexamination?

A petition to correct inventorship during reexamination must meet specific requirements as outlined in MPEP 2250.02 and 37 CFR 1.530(l)(1):

  • The petition must be submitted as part of the reexamination proceeding
  • It must satisfy the requirements of 37 CFR 1.324
  • All parties set forth in § 1.324(b)(1) and (b)(2), including the assignees, must be included
  • Satisfactory proof of the facts must be provided
  • The fee set forth in § 1.20(b) must be paid

If these requirements are met, the Director may include an amendment naming only the actual inventor or inventors in the reexamination certificate to be issued.

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Topics: MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents, MPEP 2250.02 - Correction Of Inventorship, Patent Law, Patent Procedure
Tags: 37 Cfr 1.530, Inventorship Correction, petition requirements