What are the requirements for a petition to correct inventorship during reexamination?

A petition to correct inventorship during reexamination must meet specific requirements as outlined in MPEP 2250.02 and 37 CFR 1.530(l)(1):

• The petition must be submitted as part of the reexamination proceeding
• It must satisfy the requirements of 37 CFR 1.324
• All parties set forth in § 1.324(b)(1) and (b)(2), including the assignees, must be included
• Satisfactory proof of the facts must be provided
• The fee set forth in § 1.20(b) must be paid

If these requirements are met, the Director may include an amendment naming only the actual inventor or inventors in the reexamination certificate to be issued.

Petition for Correcting Inventorship During Reexamination Must Comply with 37 CFR 1.324 MPEP 2250.02 Required
Reexamination Certificate Contains Inventorship Change MPEP 2250.02 Informative
Patent Owner May Request Inventorship Change After Reexamination MPEP 2250.02 Permitted
Failure to Name Correct Inventive Entity Is Correctable by Reissue MPEP 2250.02 Informative
Certificate of Correction Merged with Reexamination Certificate MPEP 2250.02 Informative