When should a Certificate of Correction be used instead of reissue for inventorship correction?
A Certificate of Correction should be used to correct inventorship instead of reissue when:
- The only change being made in the patent is to correct the inventorship
- All parties are in agreement and the inventorship issue is not contested
In these cases, the correction should be made under 35 U.S.C. 256 and 37 CFR 1.324. The MPEP states: “correction of inventorship should be effected under the provisions of 35 U.S.C. 256 and 37 CFR 1.324 by filing a request for a certificate of correction if: (A) the only change being made in the patent is to correct the inventorship; and (B) all parties are in agreement and the inventorship issue is not contested.”
For the specific procedure to obtain a certificate of correction for inventorship, refer to MPEP § 1481.02.
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