35 U.S.C. § 118 — Filing by other than inventor (MPEP Coverage Index) – BlueIron IP

35 U.S.C. § 118 Filing by other than inventor

Source: Patent Statute (35 U.S.C.)BlueIron Update:

This page consolidates MPEP guidance interpreting 35 U.S.C. § 118, including 128 rules from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.

Summary

The process for filing a correction of inventorship through a reissue application requires adherence to specific rules under 35 USC 118.

What this section covers

  • Define what this section covers at a high level, focusing on corrections of inventorship through reissue applications.
  • Identify the core topic and scope of guidance in this section, which pertains to the process and requirements for filing by someone other than an inventor.

Key obligations

  • State the primary requirement practitioners must satisfy, which is ensuring that the filing complies with the rules for corrections of inventorship through reissue.
  • State an additional required element or condition if applicable, such as obtaining consent from all true and necessary inventors.
  • State a key compliance obligation tied to authority (USC/CFR), which includes adherence to the specific requirements for filing by non-inventors under 35 USC 118.

Practice notes

  • Give a practical drafting or filing tip grounded in this section, such as ensuring that all necessary inventors are listed and their consent is obtained before filing.
  • Call out a common pitfall or best practice relevant to this section, like avoiding the enlargement of patent claims through corrections of inventorship.

Related Provisions

Based on MPEP Last Modified: 10/30/2024 08:50:22