This section covers the restrictions placed upon employees of the USPTO.

• Review Ed9 10.2019: 309

The correction of misjoinder of inventors has been held to be a ground for reissue. This section provides further details on the topic of using reissue as a vehicle for correcting inventorship and using a certificate of correction to correct inventorship.

• Review Ed9 10.2019: 1412.04

This section discusses pre-AIA 35 U.S.C. 102(f) which states that a person shall be entitled to a patent unless he did not himself invent the subject matter sought to be patented. A rejection under 35 U.S.C. 102(f) is proper where it can be shown that an applicant derived an invention from another. Derivation requires complete conception by another and communication to the alleged deriver. The party alleging derivation does not have to prove an actual reduction to practice, derivation of public knowledge, or derivation in this country. In addition, there is a discussion that pre-AIA 35 U.S.C. 102(f) may apply where pre-AIA 35 U.S.C. 102(a) and pre-AIA 35 U.S.C. 102(e) are not available statutory grounds for rejection.

• Review Ed9 10.2019: 2137

This section covers the details of inventorship including a brief discussion on naming inventorship, and how an inventor must contribute to the conception of the invention. As long as the inventor maintains intellectual domination over making the invention, ideas, suggestions, and materials may be adopted from others.

This section also briefly touches on how the inventor is not required to reduce the invention to practice. He or she merely could have supervised the reduction to practice. Lastly, this section outlines the requirements for joint inventorship. Inventors may apply for a patent jointly even if they did not physically work together or at the same time.

• Review Ed9 10.2019: 2137.01