Can the Patent Trial and Appeal Board correct inventor names in a derivation proceeding?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 6 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, the Patent Trial and Appeal Board (PTAB) has the authority to correct inventor names during a derivation proceeding. This power is explicitly stated in MPEP 2310.01 , which cites 35 U.S.C. 135(b) : “In appropriate circumstances, the Patent Trial and Appeal Board may correct the naming of the inventor in any application or patent at issue.” This means that if the PTAB determines during a derivation proceeding that the wrong inventor or inventors are named on a patent application or issued patent, they have the power to correct this error. This authority ensures that the true inventor(s) are properly credited for their invention, which is a fundamental principle of patent law. Related Rules from the Manual of Patent Examining Procedure 6 rules Collapse Derivation Proceeding for AIA Patents MPEP 2310 Derivation Proceeding for Invention Claimed Without Authorization MPEP 2310 Petition for Derivation Proceeding MPEP 2310.01 Required Petition for Derivation Proceeding Allowed Under AIA MPEP 2310 Permitted Inventor or Assignee Must Sign Reissue Declaration MPEP 1410.01 Permitted Patent Practitioner Must Have Authority to Sign Reissue Declaration for Juristic Entity MPEP 1414.01 Prohibited Other Related FAQs 5 FAQs Collapse What is a derivation proceeding in patent law? What must be included in a derivation proceeding petition? What is the role of the Patent Trial and Appeal Board in derivation proceedings? What is the primary purpose of a derivation proceeding? What regulations govern the conduct of derivation proceedings?