How is inventorship corrected in a provisional patent application?

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.

To correct inventorship in a provisional patent application, the following steps must be taken:

• Submit a request signed by a party set forth in 37 CFR 1.33(b)
• Identify each inventor by their legal name in the request
• Pay the processing fee set forth in 37 CFR 1.17(q)
• When adding an inventor, file a corrected application data sheet or a new cover sheet with the residence of all inventors

The MPEP states: 37 CFR 1.48(d) provides a procedure for adding or deleting or correcting or updating the name of an inventor in a provisional application. 37 CFR 1.48(d) requires that the submission include: (1) a request, signed by a party set forth in 37 CFR 1.33(b), to correct the inventorship that identifies each inventor by their legal name; and (2) the fee set forth in 37 CFR 1.17(q).