What can be filed to correct inventorship in a patent application?

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To correct inventorship in a patent application, it's important to understand that the patent system has specific procedures to address such issues.

A Request under 37 CFR 1.48 is the standard procedure used to add or delete inventors after a patent application has been filed. This request allows for the correction of the named inventors and can amend the application to correctly reflect the true inventorship, which is crucial for the validity of the patent rights.

Additionally, a continuing application can also address inventorship issues indirectly. By filing a continuing application, the applicant can include corrected inventorship in a new application that is derived from the original application. This is particularly useful if significant changes need to be made, or if a new application is desired to further pursue the invention while also ensuring that the inventorship is correct.

Both of these options serve to ensure that the application correctly reflects the inventors' contributions, adhering to the requirements of patent law. Thus, the inclusion of both the Request under 37 CFR 1.48 and the idea of using a continuing application together covers the necessary avenues for correcting inventorship in a patent application.

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