Can inventorship be corrected during inter partes reexamination?
Yes, inventorship can be corrected during inter partes reexamination. The MPEP provides guidance on this matter:
“Correction of inventorship may also be made during reexamination. See 37 CFR 1.324 and MPEP § 1481 for petition for correction of inventorship in a patent.”
However, the process for correction is slightly different in reexamination:
“If a petition filed under 37 CFR 1.324 is granted, a Certificate of Correction indicating the change of inventorship will not be issued, because the reexamination certificate that will ultimately issue will contain the appropriate change-of-inventorship information (i.e., the Certificate of Correction is in effect merged with the reexamination certificate).”
Patent owners should follow the procedures outlined in MPEP § 1481 and 37 CFR 1.324 to correct inventorship during reexamination.
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