What role does a court order play in correcting inventorship during reexamination?

A court order can play a significant role in correcting inventorship during reexamination. According to MPEP 2250.02 and 37 CFR 1.530(l)(1):

“When it appears in a patent being reexamined that the correct inventor or inventors were not named, the Director may, […] on order of a court before which such matter is called in question, include in the reexamination certificate to be issued under § 1.570 or § 1.997 an amendment naming only the actual inventor or inventors.”

This means that if a court determines the correct inventorship of a patent under reexamination, the USPTO will respect that decision and include the corrected inventorship in the reexamination certificate.

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Topics: MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents, MPEP 2250.02 - Correction Of Inventorship, Patent Law, Patent Procedure
Tags: court order, Inventorship Correction, patent law