Can a reissue application be used to correct inventorship?

Yes, a reissue application can be used to correct inventorship. The MPEP 201.05 states: ‘A reissue application may also be filed to correct inventorship in the patent. The reissue oath or declaration must state that the applicant believes the original patent to be wholly or partly inoperative or invalid by reason of the incorrect inventorship.’

This means that if the original patent listed incorrect inventors or omitted inventors who should have been included, a reissue application can be filed to rectify this error. However, it’s important to note that:

• The error in inventorship must have been made without deceptive intent.
• The reissue application must be accompanied by a proper reissue oath or declaration explaining the error.
• All current patent owners must consent to the reissue application.

Correcting inventorship through a reissue application is governed by 35 U.S.C. 251 and the procedures outlined in the MPEP.

To learn more:

• reissue application
• inventorship correction
• patent error
• reissue oath
• reissue declaration