What is the process for correcting inventorship in a design reissue application?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27

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.

Correcting inventorship in a design reissue application follows a specific process. According to MPEP 1457:

“If a request is filed under 37 CFR 1.48(a) to correct inventorship in a design reissue application, the request should be accompanied by a consent to the requested correction signed by each person being added or deleted as an inventor.”

The process involves:

  • Filing a request under 37 CFR 1.48(a) to correct inventorship
  • Obtaining signed consents from all inventors being added or removed
  • Submitting a new oath or declaration from the actual inventor(s)
  • Paying any required fees

It’s important to note that the inventorship correction must be properly explained and justified, as it relates to the error being corrected in the reissue application.

Tags: design patent, design reissue, Inventorship Correction, patent inventors