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.

Inter Partes Reexamination Not Acceptable After September 16, 2012 MPEP 2658 Informative
Inter Partes Reexamination Not Acceptable After September 16, 2012 MPEP 2658 Informative