How does the USPTO handle situations where an incorrect inventor is named in a patent application?

The USPTO has several mechanisms to address situations where an incorrect inventor is named in a patent application. According to MPEP 2157: Derivation proceeding under 35 U.S.C. 135 Correction of inventorship under 37 CFR 1.48 Rejection under 35 U.S.C. 101 and 35 U.S.C. 115 The MPEP states: “A situation in which an application names a…

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What should an applicant do if they discover an error in the named inventors of a patent application?

If an applicant discovers an error in the named inventors of a patent application, they should take prompt action to correct the inventorship. According to MPEP 2157: “Where an application names an incorrect inventorship, the applicant should submit a request to correct inventorship under 37 CFR 1.48. See MPEP § 602.01(c) et seq.“ The process…

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