Can inventorship be corrected during inter partes reexamination?
Yes, inventorship can be corrected during inter partes reexamination. The MPEP provides guidance on this matter: “Correction of inventorship may also be made during reexamination. See 37 CFR 1.324 and MPEP § 1481 for petition for correction of inventorship in a patent.” However, the process for correction is slightly different in reexamination: “If a petition…
Read MoreHow do Supervisory Patent Examiners handle petitions to correct inventorship in patents?
Supervisory Patent Examiners are responsible for handling petitions to correct inventorship in patents that are not involved in an interference. The MPEP specifies: “Petitions under 37 CFR 1.324 to correct errors in joining inventors in a patent that is not involved in an interference, MPEP § 1481.02.” This authority allows Supervisory Patent Examiners to address…
Read MoreHow can I correct inventorship in an issued patent?
To correct inventorship in an issued patent, you need to file a petition under 37 CFR 1.324. The petition must include: A statement from each person being added as an inventor and each current inventor either agreeing to the change or stating no disagreement A statement from all assignees agreeing to the change, complying with…
Read MoreCan a 37 CFR 1.48 request or a 37 CFR 1.324 petition be used to correct inventorship in a reissue application?
No, a request under 37 CFR 1.48 or a petition under 37 CFR 1.324 cannot be used to correct the inventorship of a reissue application. The MPEP clearly states: “A request under 37 CFR 1.48 or a petition under 37 CFR 1.324 cannot be used to correct the inventorship of a reissue application.” If such…
Read MoreWhen should a Certificate of Correction be used instead of reissue for inventorship correction?
A Certificate of Correction should be used to correct inventorship instead of reissue when: The only change being made in the patent is to correct the inventorship All parties are in agreement and the inventorship issue is not contested In these cases, the correction should be made under 35 U.S.C. 256 and 37 CFR 1.324.…
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