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

The correct choice indicates that it is permissible to correct the inventorship of an earlier-filed application by adding an inventor from a later application. Under U.S. patent law, inventorship can be modified, provided that the changes are consistent with the actual contributions to the invention. This reflects the fundamental principle that the patent is intended to recognize all true inventors of the claimed invention.

When correcting inventorship, it's important to acknowledge that the correction must clarify who contributed to the invention at the time of filing. If an individual omitted from the earlier application should have been named due to their contributions, they can indeed be added. This correction is managed through a petition process with the United States Patent and Trademark Office (USPTO), which maintains a focus on accurately reflecting the contributions of inventors.

Inventorship issues are typically addressed through the procedures outlined in the patent laws, which allow for corrections to be made without needing consent from all parties, although there are procedural nuances that may apply depending on specific circumstances and any potential contestations. Thus, the ability to correct inventorship is an essential aspect of ensuring that patents accurately represent inventors and their contributions, facilitating both integrity and fairness in the patent system.