Can a reissue application be used to correct inventorship in an expired patent?
No, a reissue application cannot be used to correct inventorship in an expired patent. According to MPEP 1412.04:
“A reissue application can be filed to correct inventorship in a patent as long as all of the requirements of 37 CFR 1.324 are met.”
However, one of the requirements for a reissue application is that the patent must still be in force. Once a patent has expired, it is no longer possible to file a reissue application to make any changes, including inventorship corrections.
If an error in inventorship is discovered after a patent has expired, there may be limited options available, such as seeking a court order to correct the inventorship. It’s crucial to consult with a patent attorney for guidance in such situations.
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