How can inventorship be corrected during a reexamination proceeding?

Question

Accepted Answer

Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 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. Inventorship can be corrected during a reexamination proceeding by submitting a petition that complies with 37 CFR 1.324 . As stated in MPEP 2250.02 : “Where the inventorship of a patent being reexamined is to be corrected, a petition for correction of inventorship which complies with 37 CFR 1.324 must be submitted during the prosecution of the reexamination proceeding.” If the petition is granted, the correction will be included in the reexamination certificate that will be issued at the conclusion of the proceeding. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Petition for Correcting Inventorship During Reexamination Must Comply with 37 CFR 1.324 MPEP 2250.02 Required Reexamination Certificate Contains Inventorship Change MPEP 2250.02 Amendment of Drawings in Reexamination Proceeding Required MPEP 2250 Status Identifier Requirement for Proposed Amendments MPEP 2250 Permitted Patent Owner May Request Inventorship Change After Reexamination MPEP 2250.02 Permitted Second Claim Amendment Must Include Previous Changes and New Additions MPEP 2250 Required Amendments Must Reflect Prior Certificate Changes MPEP 2250 Required Inter Partes Reexamination in Merged Proceeding MPEP 2250 No Amendments After Patent Expiration During Reexamination MPEP 2250 Claim Status Must Be Submitted With Amendment MPEP 2250 Other Related FAQs 5 FAQs Collapse 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 inventorship reflected in the reexaminati...