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…
Read MoreCan a 37 CFR 1.48 request or a 37 CFR 1.324 petition be used to correct inventorship in a reissue application?
No, a request under 37 CFR 1.48 or a petition under 37 CFR 1.324 cannot be used to correct the inventorship of a reissue application. The MPEP clearly states: “A request under 37 CFR 1.48 or a petition under 37 CFR 1.324 cannot be used to correct the inventorship of a reissue application.” If such…
Read MoreWhat types of requests can be made to correct inventorship in a nonprovisional patent application?
Requests to correct inventorship in a nonprovisional patent application can be made under 37 CFR 1.48 if filed on or after September 16, 2012. The Manual of Patent Examining Procedure (MPEP) states: “Requests under 37 CFR 1.48 filed on or after September 16, 2012 to correct inventorship in a nonprovisional application.“ These requests are decided…
Read MoreHow can I add or delete an inventor’s name in a provisional patent application?
The USPTO provides two separate procedures for adding or deleting an inventor’s name in a provisional patent application: To add an inventor: 37 CFR 1.48(d) To delete an erroneously named inventor: 37 CFR 1.48(e) The MPEP states: “Requests under 37 CFR 1.48(d) to add the name of an inventor in a provisional application.“ “Requests under…
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