What is the process for correcting inventorship in a patent through reissue?
Correcting inventorship in a patent through reissue involves the following steps:
- Filing a reissue application with a reissue oath or declaration under 37 CFR 1.175.
- The oath or declaration must state that the applicant believes the original patent to be wholly or partly inoperative or invalid due to an error in inventorship.
- For applications filed before September 16, 2012, it must also state that the error arose without deceptive intention.
- The reissue application provides a complete mechanism to correct inventorship under 35 U.S.C. 251.
As stated in the MPEP: “The reissue application with its reissue oath or declaration under 37 CFR 1.175 provides a complete mechanism to correct inventorship.”
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