My client wants to file reissue application. The reason is that he wants to correct the formulas in the specification.

Then, he noticed that he wants to change the order of the inventors when we file reissue application.

Could you please let me know the procedures of doing that? and will there be any office fee for this?


Al -

  • 2
    Just to be clear, are you selling your services to facilitate the filing of a patent? If so, I believe you need to be a registered patent attorney or patent agent. If not, you should probably be very careful.
    – Eric S
    Oct 12 '20 at 18:40
  • 2
    Al - if you are a registered practitioner you might ask a colleague or figure it out from the MPEP. If you are not a registered practitioner or an attorney you are likely practicing law without a license. If you are a licensed attorney but not a registered patent attorney you are likely practicing law very outside a realm of your ability to provide competent representation and against USPTO rules.
    – George White
    Oct 13 '20 at 16:56

A reissue application requires an application data sheet (ADS). I have never tried, but I suspect that when the USPTO issues the reissue patent, they will list inventors in the order of names provided in the ADS filed with the reissue application.

See USPTO MPEP Section 1410.

If not, you should be able to change the order of inventor names with a certificate of correction (and appropriate fee).

See USPTO MPEP 1481.02.

The USPTO will not issue a new ribbon copy for a certificate of correction, so the inventors will not see the first name change on the face of the patent. I suspect that Google Patents will not pick up the change, either. So, the result of a correction might be unsatisfactory for the inventors.

A certificate of correction is also the way to go if an inventor changes name, such as through marriage.

  • Jonah, you have outstanding answers. This patent SE community is still trying to grow, and if you upvote the questions you answer (provided you think are good Q's), it will go a long way to strengthening this online community. Glad to have you on board!
    – jdpatent
    Nov 24 '20 at 2:30
  • Thanks. I'm new to answering SE questions. I'll upvote good ones. I'm more active on the National Association of Patent Practitioner's forum. It's for members only, but the cost is pretty reasonable and probably worthwhile for small firm or solo practitioners. Nov 25 '20 at 3:30

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