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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Tags: Inventorship Correction, Patent correction, Reissue Declaration, Reissue Oath