What is the process for correcting inventorship in a patent involved in an interference or contested case?

Question

Accepted Answer

Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 10 Rules 4 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. For patents involved in an interference or contested case, the process for correcting inventorship is different. According to MPEP 1481.02: “ For correction of inventorship in a patent in an interference under 37 CFR part 41, subpart D, 37 CFR 1.324(d) provides that a request for correction of inventorship must be in the form of a motion under 37 CFR 41.121(a)(2). For correction of inventorship in a contested case under 37 CFR part 42, subpart D, 37 CFR 1.324(d) provides that a request for correction of inventorship in a patent must be in the form of a motion under 37 CFR 42.22. “ In both cases, the motion must still comply with the requirements of 37 CFR 1.324. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Motion Required for Correcting Inventorship in Contested Case MPEP 1481.02 Required Motion for Correcting Inventorship Must Comply with Requirements MPEP 1481.02 Required Requirement for Correcting Inventorship in Application MPEP 1481.02 Requirement for Correcting Inventorship in Application MPEP 1481.02 Petition for Correcting Inventorship Must Include Statements and Fees MPEP 1481.02 Required Fee for Correcting Inventorship Must Be Paid MPEP 1481.02 Motion Required for Patent Inventorship Correction in Interference MPEP 1481.02 Required Motion Required for Patent Inventorship Correction in Contested Case MPEP 1481.02 Required Request for Patent Correction Must Be a Motion MPEP 1481.02 Required Fee Required for Correcting Inventorship MPEP 1481.02 Other Related FAQs 4 FAQs Collapse Can an inventor&#8217;s name be changed on a patent due to a legal name change? What if an inventor is unavailable or refuses to submit a statement for inventorship correction?...