Can a reissue application be used to correct inventorship in an expired patent?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

No, a reissue application cannot be used to correct inventorship in an expired patent. According to MPEP 1412.04:

“A reissue application can be filed to correct inventorship in a patent as long as all of the requirements of 37 CFR 1.324 are met.”

However, one of the requirements for a reissue application is that the patent must still be in force. Once a patent has expired, it is no longer possible to file a reissue application to make any changes, including inventorship corrections.

If an error in inventorship is discovered after a patent has expired, there may be limited options available, such as seeking a court order to correct the inventorship. It’s crucial to consult with a patent attorney for guidance in such situations.