How does the USPTO handle situations where an incorrect inventor is named in a patent application?
The USPTO has several mechanisms to address situations where an incorrect inventor is named in a patent application. According to MPEP 2157: Derivation proceeding under 35 U.S.C. 135 Correction of inventorship under 37 CFR 1.48 Rejection under 35 U.S.C. 101 and 35 U.S.C. 115 The MPEP states: “A situation in which an application names a…
Read MoreWhere can I find detailed information on correcting inventorship in reexamination proceedings?
For detailed information on correcting inventorship in both inter partes and ex parte reexamination proceedings, you should refer to MPEP § 2250.02. The MPEP § 2666.03 specifically directs readers to this section: “See MPEP § 2250.02 for the manner of correcting inventorship in both inter partes and ex parte reexamination proceedings.” MPEP § 2250.02 provides…
Read MoreCan inventorship be corrected through reissue instead of reexamination?
Yes, inventorship can be corrected through reissue if it’s not addressed during reexamination. As stated in MPEP 2250.02: “Alternatively, the failure to name the correct inventive entity is an error in the patent which is correctable by reissue under 35 U.S.C. 251.” The MPEP further directs readers to MPEP § 1412.04 for more information on…
Read MoreHow is a correction of inventorship reflected in the reexamination certificate?
When a petition for correction of inventorship is granted during a reexamination proceeding, the correction is reflected in the reexamination certificate. According to MPEP 2250.02: “If the petition under 37 CFR 1.324 is granted, a certificate of correction indicating the change of inventorship will not be issued, because the reexamination certificate that will ultimately issue…
Read MoreWhat 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…
Read MoreHow is inventorship corrected in an inter partes reexamination proceeding?
Correction of inventorship in an inter partes reexamination proceeding follows the same process as in an ex parte reexamination proceeding. The Manual of Patent Examining Procedure (MPEP) § 2666.03 states: “Correction of inventorship in an inter partes reexamination proceeding is effected in the same manner that correction of inventorship in an ex parte reexamination proceeding…
Read MoreWhat happens if a reexamination proceeding concludes without issuing a reexamination certificate?
If a reexamination proceeding concludes without issuing a reexamination certificate, such as when reexamination is vacated or the order for reexamination is denied, the patent owner can still request a correction of inventorship. According to MPEP 2250.02: “In some instances, the reexamination proceeding concludes but does not result in a reexamination certificate under 37 CFR…
Read MoreWhat is the difference between correcting inventorship in inter partes and ex parte reexamination?
There is no difference in the process of correcting inventorship between inter partes and ex parte reexamination proceedings. According to MPEP § 2666.03: “Correction of inventorship in an inter partes reexamination proceeding is effected in the same manner that correction of inventorship in an ex parte reexamination proceeding is effected.” This means that regardless of…
Read MoreWhat fees are associated with correcting inventorship in an international design application?
When correcting inventorship in an international design application, certain fees are required. According to MPEP 2920.01, the following fees apply: Processing fee: “A request to correct or change the inventorship under 37 CFR 1.48(a) … must be accompanied by the processing fee set forth in 37 CFR 1.17(i).” Additional fee for late correction: “A request…
Read MoreWhat documents are required to correct inventorship in an international design application?
To correct inventorship in an international design application, the following documents are typically required: A request to correct inventorship under 37 CFR 1.48(a) A signed Application Data Sheet (ADS) with the correct inventor information Payment of the required processing fee The MPEP 2920.01 specifies: “A request to correct or change the inventorship under 37 CFR…
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