How can an inventor’s name be corrected or updated in a patent application?
To correct or update an inventor’s name in a nonprovisional patent application:
- File a request under 37 CFR 1.48(f).
- Include an Application Data Sheet (ADS) identifying each inventor by their legal name.
- Pay the processing fee set forth in 37 CFR 1.17(i).
According to MPEP § 602.08(b), “Any request to have the name of the inventor or a joint inventor in a nonprovisional application corrected or updated, including correction of a typographical or transliteration error in the spelling of an inventor’s name, must be by way of a request under 37 CFR 1.48(f).“
For provisional applications, use 37 CFR 1.48(d) instead. If the error is discovered after the issue fee is paid, either withdraw the application and submit an RCE or file a certificate of correction after the patent issues.
To learn more:
Topics:
Patent Law,
Patent Procedure