Can inventorship be corrected after a patent has been granted?

The correct answer is that inventorship can be corrected after a patent has been granted, but it must adhere to specific regulatory requirements. The laws governing patent applications allow for a correction of inventorship under certain circumstances as outlined in 37 C.F.R. § 1.48. This regulation permits the addition or deletion of inventors through a process that ensures the integrity of the patent remains intact.

Such a correction typically requires a formal application to the United States Patent and Trademark Office (USPTO), which includes a request for the correction of inventorship along with the necessary supporting documentation. This is to ensure that all correct inventors are acknowledged and that the patent accurately reflects the contributions of the individuals involved in the invention.

Thus, while corrections can be made post-grant, they cannot be done arbitrarily or without protocol. There are conditions that must be satisfied, such as providing declarations of the inventors involved and potentially addressing any related issues that could impact patent rights. This careful approach helps maintain clarity and legal standing for the patent in question.