What is the process for changing inventorship on a patent after it has been issued?
Changing inventorship on an issued patent requires a specific process, as outlined in MPEP § 1481.02. According to MPEP 1002.02(l), “Request to change inventorship pursuant to court order, 37 CFR 1.324, MPEP § 1481.02” is decided by the Certificates of Correction Branch. The process typically involves: Obtaining a court order directing the change in inventorship…
Read MoreWhat types of requests are decided by the Certificates of Correction Branch?
The Certificates of Correction Branch decides on several types of requests, including: Requests for Certificates of Correction under 37 CFR 1.322 or 1.323, with some exceptions Petitions to issue a corrected patent under 37 CFR 1.322(b) Requests to change inventorship pursuant to court order under 37 CFR 1.324 As stated in MPEP 1002.02(l): “Requests for…
Read MoreHow were continuation or divisional applications handled when a petition under 37 CFR 1.48 was filed in the prior application?
When a petition under 37 CFR 1.48 to add an inventor was filed in a prior application, the continuation or divisional application could be handled in one of two ways: Filed with a copy of the executed declaration naming the correct inventive entity from the prior application. Filed with a newly executed declaration naming the…
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