Can inventorship errors be corrected through a reissue application?

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 errors can be corrected through a reissue application. The MPEP states: The correction of misjoinder of inventors in reissues has been held to be a ground for reissue.

However, it’s important to note that there are two ways to correct inventorship:

1. Reissue application: This can be used to correct misjoinder of inventors under 35 U.S.C. 251.
2. Certificate of correction: If inventorship is the only change needed, this can be done under 35 U.S.C. 256 and 37 CFR 1.324.

The certificate of correction route is typically faster and less expensive if all parties agree and the issue is not contested.