What is the process for correcting inventorship in a patent through reissue?

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 patent through reissue involves the following steps:

• Filing a reissue application with a reissue oath or declaration under 37 CFR 1.175.
• The oath or declaration must state that the applicant believes the original patent to be wholly or partly inoperative or invalid due to an error in inventorship.
• For applications filed before September 16, 2012, it must also state that the error arose without deceptive intention.
• The reissue application provides a complete mechanism to correct inventorship under 35 U.S.C. 251.

As stated in the MPEP: “The reissue application with its reissue oath or declaration under 37 CFR 1.175 provides a complete mechanism to correct inventorship.”