Can inventorship be corrected through reissue instead of reexamination?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. 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. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Failure to Name Correct Inventive Entity Is Correctable by Reissue MPEP 2250.02 Petition for Correcting Inventorship During Reexamination Must Comply with 37 CFR 1.324 MPEP 2250.02 Required Alternative Form for Ex Parte Reexamination MPEP 2250 Reexamination Certificate Contains Inventorship Change MPEP 2250.02 Patent Owner May Request Inventorship Change After Reexamination MPEP 2250.02 Permitted MPEP Form Paragraphs for Inter Partes Reexamination MPEP 2250 Status Identifier Requirement for Proposed Amendments MPEP 2250 Permitted Pre-Printed Information on Paper Forms Not Required for Reissue Applications MPEP 2250 Required Claim Numbering During Reexamination MPEP 2250 Text in Brackets of Reexamination Certificate Omitted in Amendment MPEP 2250 Other Related FAQs 5 FAQs Collapse How can inventorship be corrected during a reexamination proceeding? What role does a court order play in correcting inventorship during reexamination? What happens if a reexamination proceeding concludes without issuing a reexamination certificate? What are the requirements for a petition to correct inventorship during reexamination? How is a correction of...