How can inventorship be corrected in a national stage application?

The process for correcting inventorship in a national stage application depends on the international filing date of the application:

For applications with an international filing date on or after September 16, 2012:

Inventorship may be corrected under the procedure set forth in 37 CFR 1.48(a). The name of an inventor may be corrected or updated using the procedure in 37 CFR 1.48(f).

For applications with an international filing date before September 16, 2012:

The procedure for correcting inventorship is outlined in pre-AIA 37 CFR 1.497(d) and requires:

1. A statement from each person being added or deleted as an inventor that the error occurred without deceptive intention
2. The processing fee set forth in 37 CFR 1.17(i)
3. If an assignment has been executed, the written consent of the assignee
4. Any new oath or declaration required by pre-AIA 37 CFR 1.497(f)

For applications where 37 CFR 1.48(f) is not available, correction of an inventor’s name may be made by petition under 37 CFR 1.182.

It’s important to note that these procedures are specific to national stage applications and may differ from those for regular U.S. applications.

To learn more:

• inventorship
• correction
• national stage application
• PCT
• international application