Are the procedures for correcting inventorship and correcting an inventor’s name the same?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-09
This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.
Yes, the procedures for correcting inventorship and correcting an inventor’s name are the same. According to MPEP 602.01(c)(2):
The procedures for correction of inventorship and for correction to the name of an inventor or to the order of the names of the inventors are not distinct.
Both procedures require:
- Submitting an application data sheet (ADS) in accordance with 37 CFR 1.76 that identifies each inventor by their legal name in the desired order.
- Paying the processing fee set forth in 37 CFR 1.17(i).
This unified procedure simplifies the process for applicants when making changes related to inventorship or inventor names in patent applications.
Topics:
Patent Law
Patent Procedure