When should a Certificate of Correction be filed instead of a reissue?
While reissue is a vehicle for correcting inventorship in a patent, correction of inventorship should be effected 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.
The answer to this question can be found in chapter 1400 of the MPEP. This chapter covers Correction of Patents.
The answer is from the 9th Edition, Revision 07.2015. Depending on future changes to the MPEP, the question and answer may or may not be applicable in later Editions or revisions.
This question and answer comes from section 1412.04 of the MPEP. The following is a brief summary of section 1412.04.
1412.04 Correction of Inventorship By Reissue
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.