Can a reissue application be filed to correct the inventorship of a patent?
Yes, a reissue application can be filed to correct the inventorship of a patent. The MPEP 1414.01 states:
“A reissue application may be filed to correct the inventorship of a patent. In such cases, the reissue oath or declaration must identify an error being corrected and state that the error being corrected is the failure to include a joint inventor or the inclusion of a person who is not a joint inventor.”
When filing a reissue application to correct inventorship, it’s important to note that the error must have been made without deceptive intent. The reissue oath or declaration should clearly state the nature of the inventorship error and affirm that it occurred without any deceptive intention.
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