When should a Certificate of Correction be used instead of reissue for inventorship correction?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27

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.

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.

Tags: 35 u.s.c. 256, 37 cfr 1.324, Certificate of Correction, Inventorship Correction, Patent correction