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.
Correction of inventorship is required when the application is amended in a way that changes the claims, resulting in one or more named inventors no longer being an inventor of the subject matter of a remaining claim. The MPEP states:
Applicants are responsible for correcting, and are required to correct, the inventorship in compliance with 37 CFR 1.48 when the application is amended to change the claims so that one (or more) of the named inventors is no longer an inventor of the subject matter of a claim remaining in the application.
Requests for correction under 37 CFR 1.48 filed on or after September 16, 2012, are processed by the Office of Patent Application Processing (OPAP). If granted, OPAP will update the Office records and issue a corrected filing receipt.