Can the order of joint inventors’ names be changed after filing a 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.

Can the order of joint inventors’ names be changed after filing a patent application?

Yes, the order of joint inventors’ names can be changed after filing a patent application, but it requires a specific process. The MPEP 602.09 states:

“The order of names of joint patentees in the heading of the patent is taken from the order in which the names appear in the application papers unless changed by request.”

To change the order of inventors’ names:

• Submit a request to the USPTO
• Provide a statement from all the joint inventors agreeing to the change
• Pay any required fees

It’s important to note that changing the order doesn’t affect inventorship rights but may impact how the patent is cited in literature. The request should be made before the patent is granted for it to appear in the correct order on the issued patent.