Can an assignee file a reissue application to correct inventorship without the original inventor’s consent?

Yes, an assignee of the entire interest can file a reissue application to correct inventorship without the original inventor’s consent. The MPEP states: “An assignee of the entire interest can consent to and sign the reissue oath/declaration that adds or deletes the name of an inventor by reissue (e.g., correct inventorship from inventor A to…

Read More

What is a reissue application?

A reissue application is a type of patent application used to correct defects in an existing, unexpired patent. According to MPEP 201.05, “A reissue application is an application for a patent to take the place of an unexpired patent that is defective.” This process allows patent holders to address errors or omissions in their original…

Read More

What happens if there’s an error in the patent grant?

What happens if there’s an error in the patent grant? Errors in patent grants are addressed through a specific process outlined in MPEP 308. The manual states: “If the Office discovers that an error exists in the patent grant, the patentee will be notified and required to submit a request for a certificate of correction.”…

Read More