What role does a court order play in correcting inventorship during reexamination?
A court order can play a significant role in correcting inventorship during reexamination. According to MPEP 2250.02 and 37 CFR 1.530(l)(1):
“When it appears in a patent being reexamined that the correct inventor or inventors were not named, the Director may, […] on order of a court before which such matter is called in question, include in the reexamination certificate to be issued under § 1.570 or § 1.997 an amendment naming only the actual inventor or inventors.”
This means that if a court determines the correct inventorship of a patent under reexamination, the USPTO will respect that decision and include the corrected inventorship in the reexamination certificate.
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2250.02 - Correction Of Inventorship,
Patent Law,
Patent Procedure