Can an assignee file a reissue application to correct inventorship without the original inventor’s consent?
Yes, an assignee of the entire interest can file a reissue application to correct inventorship without the original inventor’s consent. The MPEP states:
“An assignee of the entire interest can consent to and sign the reissue oath/declaration that adds or deletes the name of an inventor by reissue (e.g., correct inventorship from inventor A to inventors A and B) without the original inventor’s consent.”
This is based on the assignee’s property rights in the application and patent, which are statutorily based in 35 U.S.C. 118. However, it’s important to note that an assignee of part interest cannot file a reissue application to correct inventorship if the other co-owner has not joined or consented to the reissue proceeding.
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