Can inventorship be corrected through reissue instead of reexamination?
Yes, inventorship can be corrected through reissue if it’s not addressed during reexamination. As stated in MPEP 2250.02:
“Alternatively, the failure to name the correct inventive entity is an error in the patent which is correctable by reissue under 35 U.S.C. 251.”
The MPEP further directs readers to MPEP § 1412.04 for more information on when correction of inventorship by reissue is appropriate. This option provides an alternative method for correcting inventorship errors in patents.
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2250.02 - Correction Of Inventorship,
Patent Law,
Patent Procedure