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 applicant.” This provision allows for the correction of inventorship errors through the reissue process.
To file a reissue application for inventorship correction:
- The error must have been made without deceptive intention.
- The reissue application must comply with all requirements of a non-provisional application.
- The original patent must be surrendered.
- The corrected inventorship must be properly declared in the reissue oath or declaration.
It’s important to note that inventorship correction through reissue is different from the correction of inventorship in a pending application or after patent grant under MPEP 1481, which may be a simpler process in some cases.
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