What documents are required to correct inventorship in an international design 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 an international design application, the following documents are typically required:
- A request to correct inventorship under 37 CFR 1.48(a)
- A signed Application Data Sheet (ADS) with the correct inventor information
- Payment of the required processing fee
The MPEP 2920.01 specifies:
“A request to correct or change the inventorship under 37 CFR 1.48(a) filed after the Office action on the merits has been given or mailed in the application must also be accompanied by the fee set forth in 37 CFR 1.17(d).”
Additionally, for any newly added inventor:
“An oath or declaration as required by 37 CFR 1.63, or a substitute statement in compliance with 37 CFR 1.64, will be required for any actual inventor who has not yet executed such an oath or declaration.”
It’s important to ensure all documents are properly prepared and submitted to avoid delays in processing the correction.