How can an omitted inventor be added to a patent application?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-09 10 Rules 5 Related FAQs 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. The MPEP outlines the process for adding an omitted inventor to a patent application under 35 U.S.C. 116(b) : If a joint inventor refuses to join or cannot be reached, the application can be made by the other inventor(s). The Director of the USPTO may grant the patent to the applying inventor(s), subject to the omitted inventor’s rights. The omitted inventor can subsequently join the application. Additionally, 35 U.S.C. 116(c) allows for correction of errors in naming inventors: Whenever through error a person is named in an application for patent as the inventor, or through an error an inventor is not named in an application, the Director may permit the application to be amended accordingly, under such terms as he prescribes. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Oaths Without Seals Required for Patent Applications MPEP 602 Prohibited Declaration Can Replace Oath For Patent Filing MPEP 602 Required Written Declaration Requirement for Patent Documents MPEP 602 Permitted Declaration Requirement Not Subject to Official Review MPEP 602 Statutory Declaration for Patent Office MPEP 602 Declaration In Lieu of Oath Required MPEP 602 Required Warning Required for False Statements MPEP 602 Required Provisionally Executed Documents May Be Accepted MPEP 602 Required Copy of Oath Must Be Filed MPEP 602 Original Oath or Declaration Required for Authenticity MPEP 602 Recommended Other Related FAQs 5 FAQs Collapse What are the signature requirements for inventor&#8217;s oaths or declarations? What are the requirements for inventor signatures on patent applications? What residence information is required for inventors in patent applications? What are the requirements ...