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37 C.F.R. § 1.324 : Patents, Trademarks, and Copyrights — UNITED STATES PATENT AND TRADEMARK OFFICE, DEPARTMENT OF COMMERCE — GENERAL — RULES OF PRACTICE IN PATENT CASES — NATIONAL PROCESSING PROVISIONS —CORRECTION OF ERRORS IN PATENT — Correction of inventorship in patent, pursuant to 35 U.S.C. 256
Text
(a)
Whenever through error a person is named in an issued patent as the inventor, or an inventor is not named in an issued patent, the Director, pursuant to
35 U.S.C. 256
, may, on application of all the parties and assignees, or on order of a court before which such matter is called in question, issue a certificate naming only the actual inventor or inventors.
(b)
Any request to correct inventorship of a patent pursuant to paragraph (a) of this section must be accompanied by:
(1)
A statement from each person who is being added as an inventor and each person who is currently named as an inventor either agreeing to the change of inventorship or stating that he or she has no disagreement in regard to the requested change;
(2)
A statement from all assignees of the parties submitting a statement under paragraph (b)(1) of this section agreeing to the change of inventorship in the patent, which statement must comply with the requirements of §3.73(c) of this chapter; and
(3)
The fee set forth in §1.20(b).
(c)
For correction of inventorship in an application,
see
§1.48.
(d)
In an interference under part 41, subpart D, of this title, a request for correction of inventorship in a patent must be in the form of a motion under §41.121(a)(2) of this title. In a contested case under part 42, subpart D, of this title, a request for correction of inventorship in a patent must be in the form of a motion under §42.22 of this title. The motion under §41.121(a)(2) or §42.22 of this title must comply with the requirements of this section.
37 C.F.R. §1.324
77 FR 48822, 8/14/2012
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