Can the inventorship of an earlier-filed application be corrected by adding an inventor of a later application?

The correct answer indicates that it is permissible to correct the inventorship of an earlier-filed application by adding an inventor from a later application. This process is in line with the rules set forth by the United States Patent and Trademark Office (USPTO) regarding the correction of inventorship under 37 CFR 1.48.

In essence, if an inventor was inadvertently omitted from the earlier application, it is possible to amend that application to include the correct inventors. This typically involves filing a request to correct inventorship with the proper documentation, such as a declaration from the newly added inventor confirming their contribution to the invention.

This correction must adhere to the guidelines provided by the USPTO, ensuring that any changes made are justified and documented adequately. The reasoning behind allowing such a correction is rooted in maintaining the integrity of patent rights and ensuring that all rightful inventors are recognized in the patent application.

It's important to note that while correcting inventorship is generally permissible, circumstances may arise where specific legal or procedural constraints apply, depending on context and whether there has been a contest or objection from other parties, which is why other options may not be applicable in all circumstances.