37 CFR § 1.324 — Correction of inventorship in patent, pursuant (MPEP Coverage Index) – BlueIron IP
37 CFR § 1.324 Correction of inventorship in patent, pursuant
This page consolidates MPEP guidance interpreting 37 CFR § 1.324, including 80 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
This section provides detailed guidance on filing petitions under 37 CFR 1.324 to correct errors in joining inventors in patents not involved in an interference, including key obligations and conditions.
What this section covers
- Defines the process for filing petitions under 37 CFR 1.324 to correct inventorship in non-interference patents.
- Provides guidance on petitions for correcting errors in joining inventors in a patent not involved in an interference.
Key obligations
- File a petition under 37 CFR 1.324 to correct inventorship in the patent.
- Include evidence supporting the correction of inventorship in the petition.
- Comply with USC and CFR requirements for the petition to be considered by a Supervisory Patent Examiner.
Practice notes
- Ensure all evidence supporting the correction is clearly and concisely presented in the petition.
- Avoid submitting petitions that do not meet the required format or content, as they may be denied without examination.
Official MPEP § 1.324 — Correction of inventorship in patent, pursuant
Source: USPTOLast Modified: 10/30/2024 08:50:22
1.324 Correction of inventorship in patent, pursuant to 35 U.S.C. 256.
- (a) Whenever through error a person is named in an issued patent as the inventor, or an inventor is not named in an issued patent, the Director, pursuant to 35 U.S.C. 256 , may, on application of all the parties and assignees, or on order of a court before which such matter is called in question, issue a certificate naming only the actual inventor or inventors.
- (b) Any request to correct inventorship of a patent
pursuant to paragraph (a) of this section must be accompanied
by:
- (1) A statement from each person who is being added as an inventor and each person who is currently named as an inventor either agreeing to the change of inventorship or stating that he or she has no disagreement in regard to the requested change;
- (2) A statement from all assignees of the parties submitting a statement under paragraph (b)(1) of this section agreeing to the change of inventorship in the patent, which statement must comply with the requirements of § 3.73(c) of this chapter; and
- (3) The fee set forth in § 1.20(b) .
- (c) For correction of inventorship in an application,
see §
1.48
.
- (d) In an interference under part 41, subpart D, of this title, a request for correction of inventorship in a patent must be in the form of a motion under § 41.121(a)(2) of this title. In a contested case under part 42, subpart D, of this title, a request for correction of inventorship in a patent must be in the form of a motion under § 42.22 of this title. The motion under § 41.121(a)(2) or § 42.22 of this title must comply with the requirements of this section.
[47 FR 41272, Sept. 17, 1982, effective Oct. 1, 1982; 48 FR 2696, Jan. 20, 1983, effective Feb. 27, 1983; 49 FR 48416, Dec. 12, 1984, 50 FR 23123, May 31, 1985, effective Feb. 11, 1985; revised, 62 FR 53132, Oct. 10, 1997, effective Dec. 1, 1997; heading and para. (b)(1) revised, 65 FR 54604, Sept. 8, 2000, effective Sept. 8, 2000; para. (c) added, 65 FR 54604, Sept. 8, 2000, effective Sept. 8, 2000; para. (a) revised, 68 FR 14332, Mar. 25, 2003, effective May 1, 2003; paras. (a) and (c) revised and para. (d) added, 69 FR 49959, Aug. 12, 2004, effective Sept. 13, 2004; para. (a) and para. (b) introductory text revised, 69 FR 56481, Sept. 21, 2004, effective Oct. 21, 2004; para. (a) revised, 70 FR 3880, Jan. 27, 2005, effective Dec. 8, 2004; revised, 77 FR 48776, Aug. 14, 2012, effective Sept. 16, 2012]
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