What is the difference between correcting inventorship in a reissue application and a certificate of correction?

The main difference between correcting inventorship in a reissue application and a certificate of correction lies in the nature and extent of the correction:

  • Reissue application: Used for more substantial changes, including adding or deleting inventors. As stated in MPEP 1412.04, “Where one or more inventors are being added, it must be demonstrated that the error in inventorship occurred ‘without any deceptive intention’ on the part of the inventor being added.”
  • Certificate of correction: Generally used for minor corrections, such as correcting the spelling of an inventor’s name or changing the order of inventors.

The reissue process is more complex and involves filing a new application, while a certificate of correction is a simpler procedure for minor changes.

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Tags: Certificate of Correction, Inventorship Correction, Patent correction, reissue application