What is the difference between correcting inventorship in a reissue application and a certificate of correction?

The main difference between correcting inventorship in a reissue application and a certificate of correction lies in the nature and extent of the correction: Reissue application: Used for more substantial changes, including adding or deleting inventors. As stated in MPEP 1412.04, “Where one or more inventors are being added, it must be demonstrated that the…

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Does correcting inventorship through reissue enlarge the scope of patent claims?

No, correcting inventorship through reissue does not enlarge the scope of the patent claims. The MPEP explicitly states: “The correction of inventorship does not enlarge the scope of the patent claims.” This is important because it means that a reissue application for correcting inventorship can be filed even when the reissue application does not seek…

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How 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…

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How does a Request for Correction of Inventorship affect the patent publication process?

A Request for Correction of Inventorship can significantly impact the patent publication process by triggering a Printer Rush. According to MPEP 1309.02: “Issues which may prevent publication until they are resolved include but are not limited to: … a Request for Correction of Inventorship under 37 CFR 1.48…” When such a request is filed after…

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What is the process for correcting inventorship in a patent involved in an interference or contested case?

For patents involved in an interference or contested case, the process for correcting inventorship is different. According to MPEP 1481.02: “For correction of inventorship in a patent in an interference under 37 CFR part 41, subpart D, 37 CFR 1.324(d) provides that a request for correction of inventorship must be in the form of a…

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