What is the difference between correcting inventorship in inter partes and ex parte reexamination?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-29

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.

There is no difference in the process of correcting inventorship between inter partes and ex parte reexamination proceedings. According to MPEP § 2666.03:

“Correction of inventorship in an inter partes reexamination proceeding is effected in the same manner that correction of inventorship in an ex parte reexamination proceeding is effected.”

This means that regardless of whether the reexamination is inter partes or ex parte, the procedure for correcting inventorship remains consistent. Both types of proceedings follow the guidelines outlined in MPEP § 2250.02.

Topics: MPEP 2600 - Optional Inter Partes Reexamination MPEP 2666.03 - Correction Of Inventorship Patent Law Patent Procedure
Tags: ex parte reexamination, inter partes reexamination, Inventorship Correction, patent examination