Which one of the following statements is not in accordance with the - ProProfs Discuss
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Which one of the following statements is not in accordance with the applicable patent laws, rules and procedures as related in the MPEP?



A. It may not be necessary to correct the inventorship of a provisional application under 37 CFR 1.48(d) or (e) if, upon the filing of a corresponding non-provisional application with the correct inventorship, there would be an overlap of inventors.
B. Where a non-provisional application is inadvertently filed that omits an inventor, correction of the inventorship is not necessary where all claims to the omitted inventor s invention are deleted during prosecution.
C. Rather than correct inventorship by filing a request under 37 CFR 1.48(a) to delete inventorship with a claim of benefit under 35 USC 120.
D. Where there is a transliteration error in an inventor s name in an application, a request to correct inventorship under 37 CFR 1.48 is unnecessary.
E. Once an inventorship error is discovered in regard to an application awaiting a first Office action on the merits, the applicant should wait, and ACT to correct the inventorship between the time the issue fee is paid and the patent issues.

This question is part of Cert Exam
Asked by Ashfeze, Last updated: Dec 18, 2019

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2 Answers

masud

Masud

Answered Jan 26, 2017

Why 4 is not also correct? According to MPEP:Effective September 16, 2012, any request to have the name of the inventor or a joint inventor in a nonprovisional application corrected or updated,...Read More
 

John Smith

John Smith

Answered Jan 27, 2017

Once an inventorship error is discovered in regard to an application awaiting a first Office action on the merits, applicant should wait, and act to correct the inventorship between the time the...Read More
 

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