37 CFR § 1.48 — Correction of inventorship pursuant to 35 U.S.C. (MPEP Index) – BlueIron IP
37 CFR § 1.48 Correction of inventorship pursuant to 35 U.S.C.
This page consolidates MPEP guidance interpreting 37 CFR § 1.48, including 244 rules 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.
Summary
The fees required for correcting inventorship requests under 37 CFR 1.48 are governed by specific provisions in the Manual of Patent Examining Procedure (MPEP).
What this section covers
- This section covers the fees required for submitting a request to correct inventorship pursuant to 35 U.S.C. and 37 CFR.
Key obligations
- Practitioners must pay a fee as set forth in 37 CFR 1.17(i) for requests under 37 CFR 1.48 to correct inventorship.
- The fee requirement is a key compliance obligation tied to authority under 35 U.S.C. and 37 CFR.
Practice notes
- Ensure the fee is timely and correctly paid when submitting a request for correcting inventorship.
- Potential delays or rejections may occur if the fee is not properly submitted with the inventorship correction request.
Official MPEP § 1.48 — Correction of inventorship pursuant to 35 U.S.C.
Source: USPTOLast Modified: 10/30/2024 08:50:22
1.48 Correction of inventorship pursuant to 35 U.S.C. 116 or correction of the name or order of names in a patent application, other than a reissue application.
- (a) Nonprovisional application: Any request to correct or change the inventorship once the inventorship has been established under § 1.41 must include:
- (b) Inventor’s oath or declaration for added inventor: An oath or declaration as required by § 1.63 , or a substitute statement in compliance with § 1.64 , will be required for any actual inventor who has not yet executed such an oath or declaration.
- (c) Any request to correct or change the inventorship under paragraph (a) of this section 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 § 1.17(d) , unless the request is accompanied by a statement that the request to correct or change the inventorship is due solely to the cancelation of claims in the application.
- (d) Provisional application. Once a cover sheet as prescribed by § 1.51(c)(1) is filed in a provisional application, any request to correct or change the inventorship must include:
- (e) Additional information may be required. The Office may require such other information as may be deemed appropriate under the particular circumstances surrounding the correction of inventorship.
- (f) Correcting or updating the name of an inventor: 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:
- (g) Reissue applications not covered. The provisions of this section do not apply to reissue applications. See §§ 1.171 and 1.175 for correction of inventorship in a patent via a reissue application.
- (h) Correction of inventorship in patent. See § 1.324 for correction of inventorship in a patent.
- (i) Correction of inventorship in an interference or contested case before the Patent Trial and Appeal Board. In an interference under part 41, subpart D, of this title, a request for correction of inventorship in an application must be in the form of a motion under § 41.121(a)(2) of this title. In a contested case under part 42, subpart D, of this title, a request for correction of inventorship in an application must be in the form of a motion under § 42.22 of this title. The motion under § 41.121(a)(2) or 42.22 of this title must comply with the requirements of paragraph (a) of this section.
[48 FR 2696, Jan. 20, 1983, effective Feb. 27, 1983; 49 FR 48416, Dec. 12, 1984, effective Feb. 11, 1985; 50 FR 9379, Mar. 7, 1985, effective May 8, 1985; para. (a), 57 FR 56446, Nov. 30, 1992, effective Jan. 4, 1993; revised, 60 FR 20195, Apr. 25, 1995, effective June 8, 1995; revised, 62 FR 53132, Oct. 10, 1997, effective Dec. 1, 1997; revised, 65 FR 54604, Sept. 8, 2000, effective Nov. 7, 2000; para. (f)(1) revised, 67 FR 520, Jan. 4, 2002, effective Apr. 1, 2002; paras. (a)-(c) and (i) revised and para. (j) added, 69 FR 49959, Aug. 12, 2004, effective Sept. 13, 2004; revised, 77 FR 48776, Aug. 14, 2012, effective Sept. 16, 2012; para. (c) revised, 78 FR 4212, Jan. 18, 2013, effective Mar. 19, 2013]
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