What is the “without deceptive intention” requirement for inventorship correction in reissue applications?
The “without deceptive intention” requirement is a crucial aspect of correcting inventorship through a reissue application. As stated in MPEP 1412.04:
“Where one or more inventors are being added, it must be demonstrated that the error in inventorship occurred ‘without any deceptive intention’ on the part of the inventor being added.”
This requirement means that the error in inventorship must have been unintentional and not made with any deliberate attempt to deceive the Patent Office. The applicant must provide a statement or declaration asserting that the inventorship error occurred without deceptive intention.
It’s important to note that the America Invents Act (AIA) removed the “without deceptive intention” requirement for applications filed on or after September 16, 2012. However, this requirement still applies to patents issued on applications filed before this date.
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