MPEP § 602.01(c)(2) — Correcting or Updating Inventor Name 37 CFR 1.48(f) – Request Filed On or After September 16, 2012 (Annotated Rules)

§602.01(c)(2) Correcting or Updating Inventor Name 37 CFR 1.48(f) – Request Filed On or After September 16, 2012

USPTO MPEP version: BlueIron's Update: 2025-12-31

This page consolidates and annotates all enforceable requirements under MPEP § 602.01(c)(2), including statutory authority, regulatory rules, examiner guidance, and practice notes. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.

Correcting or Updating Inventor Name 37 CFR 1.48(f) – Request Filed On or After September 16, 2012

This section addresses Correcting or Updating Inventor Name 37 CFR 1.48(f) – Request Filed On or After September 16, 2012. Primary authority: 37 CFR 1.48(f), 37 CFR 1.76, and 37 CFR 1.76(c)(2)). Contains: 1 requirement, 1 guidance statement, 1 permission, and 2 other statements.

Key Rules

Topic

Reissue Application Filing

2 rules
StatutoryInformativeAlways
[mpep-602-01-c-2-5209c8e13b1507505720b7bb]
Request for Changing Inventor Names and Order
Note:
Allows changing inventor names due to legal changes or errors, and adjusting the order of joint inventors' names.

The procedures for correction of inventorship and for correction to the name of an inventor or to the order of the names of the inventors are not distinct. 37 CFR 1.48(f) permits an applicant to change or update a particular inventor’s name if their legal name has changed (e.g., due to marriage), or an inventor’s name contains an error (e.g., typographical or transliteration mistake or the reversal of family or given names) and allows an applicant to adjust the order of the names of joint inventors (e.g., to control the order of names on a printed patent). 37 CFR 1.48(f) specifically provides that any request to correct or update the name of the inventor or a joint inventor, or the order of the names of joint inventors, in a nonprovisional application must include: (1) an application data sheet in accordance with 37 CFR 1.76 that identifies each inventor by their legal name in the desired order (identifying the information that is being changed as required by 37 CFR 1.76(c)(2)); and (2) the processing fee set forth in 37 CFR 1.17(i). In addition to the corrected application data sheet, the request should also identify the desired inventor name change.

Jump to MPEP Source · 37 CFR 1.48(f)Reissue Application FilingReissue Patent PracticeReissue Fees
StatutoryRecommendedAlways
[mpep-602-01-c-2-75f9c8647cbebdfb8c70d937]
Request Must Include Inventor Name Change
Note:
A request to update an inventor's name in a patent application must include the corrected application data sheet and specify the desired name change.

The procedures for correction of inventorship and for correction to the name of an inventor or to the order of the names of the inventors are not distinct. 37 CFR 1.48(f) permits an applicant to change or update a particular inventor’s name if their legal name has changed (e.g., due to marriage), or an inventor’s name contains an error (e.g., typographical or transliteration mistake or the reversal of family or given names) and allows an applicant to adjust the order of the names of joint inventors (e.g., to control the order of names on a printed patent). 37 CFR 1.48(f) specifically provides that any request to correct or update the name of the inventor or a joint inventor, or the order of the names of joint inventors, in a nonprovisional application must include: (1) an application data sheet in accordance with 37 CFR 1.76 that identifies each inventor by their legal name in the desired order (identifying the information that is being changed as required by 37 CFR 1.76(c)(2)); and (2) the processing fee set forth in 37 CFR 1.17(i). In addition to the corrected application data sheet, the request should also identify the desired inventor name change.

Jump to MPEP Source · 37 CFR 1.48(f)Reissue Application FilingReissue Patent PracticeReissue Fees
Topic

Maintenance Fee Payment

1 rules
StatutoryInformativeAlways
[mpep-602-01-c-2-c4c6384e537462426ffa47cc]
Request to Update Inventor's Legal Name
Note:
Allows changing an inventor’s name if it has legally changed (e.g., due to marriage) or contains errors, and adjusting the order of joint inventors' names.

The procedures for correction of inventorship and for correction to the name of an inventor or to the order of the names of the inventors are not distinct. 37 CFR 1.48(f) permits an applicant to change or update a particular inventor’s name if their legal name has changed (e.g., due to marriage), or an inventor’s name contains an error (e.g., typographical or transliteration mistake or the reversal of family or given names) and allows an applicant to adjust the order of the names of joint inventors (e.g., to control the order of names on a printed patent). 37 CFR 1.48(f) specifically provides that any request to correct or update the name of the inventor or a joint inventor, or the order of the names of joint inventors, in a nonprovisional application must include: (1) an application data sheet in accordance with 37 CFR 1.76 that identifies each inventor by their legal name in the desired order (identifying the information that is being changed as required by 37 CFR 1.76(c)(2)); and (2) the processing fee set forth in 37 CFR 1.17(i). In addition to the corrected application data sheet, the request should also identify the desired inventor name change.

Jump to MPEP Source · 37 CFR 1.48(f)Maintenance Fee PaymentReissue Patent PracticeReissue Application Filing
Topic

Reissue Fees

1 rules
StatutoryRequiredAlways
[mpep-602-01-c-2-c9eed5d9feac616ae66bec64]
Application Data Sheet Required for Name Change
Note:
A request to change an inventor's name in a nonprovisional application must include an application data sheet identifying the new names and a processing fee.

The procedures for correction of inventorship and for correction to the name of an inventor or to the order of the names of the inventors are not distinct. 37 CFR 1.48(f) permits an applicant to change or update a particular inventor’s name if their legal name has changed (e.g., due to marriage), or an inventor’s name contains an error (e.g., typographical or transliteration mistake or the reversal of family or given names) and allows an applicant to adjust the order of the names of joint inventors (e.g., to control the order of names on a printed patent). 37 CFR 1.48(f) specifically provides that any request to correct or update the name of the inventor or a joint inventor, or the order of the names of joint inventors, in a nonprovisional application must include: (1) an application data sheet in accordance with 37 CFR 1.76 that identifies each inventor by their legal name in the desired order (identifying the information that is being changed as required by 37 CFR 1.76(c)(2)); and (2) the processing fee set forth in 37 CFR 1.17(i). In addition to the corrected application data sheet, the request should also identify the desired inventor name change.

Jump to MPEP Source · 37 CFR 1.48(f)Reissue FeesProcessing FeesMaintenance Fee Amounts
Topic

AIA vs Pre-AIA Practice

1 rules
StatutoryPermittedAlways
[mpep-602-01-c-2-ccbbe0176869d610d1689cf5]
Form PTO/AIA/40 for Correcting Inventorship
Note:
Use form PTO/AIA/40 to correct or update inventor names in patent applications, excluding reissue applications.

See MPEP § 602.01(c)(1) for a copy of form PTO/AIA/40 that may be used to correct or update in inventor’s name or change the order of names in applications (other than reissue applications).

Jump to MPEP Source · 37 CFR 1.48AIA vs Pre-AIA PracticeInventorship Under AIAReissue Patent Practice
Topic

AIA Effective Dates

1 rules
MPEP GuidanceInformativeAlways
[mpep-602-01-c-2-e47c7221c55b454f3b90acde]
Requirement for Correcting Inventor Name Before September 16, 2012
Note:
The rule outlines the requirements for requesting to correct or update inventor names in patent applications filed before September 16, 2012.

[Editor Note: See MPEP § 602.01(c)(3) in Revision 08.2017 of the Ninth Edition of the MPEP, published in January 2018 for a discussion of the requirements for requests to correct or update inventor name filed before September 16, 2012.]

Jump to MPEP SourceAIA Effective DatesAIA Overview and Effective DatesAIA vs Pre-AIA Practice

Citations

Primary topicCitation
Maintenance Fee Payment
Reissue Application Filing
Reissue Fees
37 CFR § 1.17(i)
Maintenance Fee Payment
Reissue Application Filing
Reissue Fees
37 CFR § 1.48(f)
Maintenance Fee Payment
Reissue Application Filing
Reissue Fees
37 CFR § 1.76
Maintenance Fee Payment
Reissue Application Filing
Reissue Fees
37 CFR § 1.76(c)(2)
AIA vs Pre-AIA PracticeMPEP § 602.01(c)(1)
AIA Effective DatesMPEP § 602.01(c)(3)

Source Text from USPTO’s MPEP

This is an exact copy of the MPEP from the USPTO. It is here for your reference to see the section in context.

BlueIron Last Updated: 2025-12-31