What should an applicant do if they discover an error in the named inventors of a patent application?

If an applicant discovers an error in the named inventors of a patent application, they should take prompt action to correct the inventorship. According to MPEP 2157: “Where an application names an incorrect inventorship, the applicant should submit a request to correct inventorship under 37 CFR 1.48. See MPEP § 602.01(c) et seq.“ The process…

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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…

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How should the Application Data Sheet (ADS) be prepared when correcting inventorship?

When preparing an Application Data Sheet (ADS) to correct inventorship in an international design application, it’s important to follow specific formatting requirements. The MPEP 2920.01 states: “The ADS submitted with a request under 37 CFR 1.48(a) must identify the information being changed with underlining for insertions and strike-through or brackets for text removed. See MPEP…

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What is the “without deceptive intention” requirement for inventorship correction in reissue applications?

The “without deceptive intention” requirement is a crucial aspect of correcting inventorship through a reissue application. As stated in MPEP 1412.04: “Where one or more inventors are being added, it must be demonstrated that the error in inventorship occurred ‘without any deceptive intention’ on the part of the inventor being added.” This requirement means that…

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Can a reissue application be filed to correct inventorship?

Can a reissue application be filed to correct inventorship? Yes, a reissue application can be filed to correct inventorship. MPEP 1410 states: “A reissue application may be filed to correct inventorship in the patent. The reissue oath or declaration must state that the inventorship error arose without any deceptive intention on the part of the…

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