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.
If a patent is issued to the wrong applicant, the USPTO has procedures to correct this error. According to MPEP 308:
‘If a patent is issued to the wrong applicant because of an error in the Office, the patentee may request a certificate of correction… If the error was not the Office’s fault, the assignee(s) or applicant(s) may request a reissue.’
The method of correction depends on whether the error was made by the USPTO or by the applicant. If it was the USPTO’s error, a certificate of correction can be requested. If it was the applicant’s error, a reissue process may be necessary.
For more information on Certificate of Correction, visit: Certificate of Correction.
For more information on error correction, visit: error correction.
For more information on patent issuance, visit: patent issuance.
For more information on reissue, visit: reissue.