How can an omitted inventor be added to a patent application?

The MPEP outlines the process for adding an omitted inventor to a patent application under 35 U.S.C. 116(b):

1. If a joint inventor refuses to join or cannot be reached, the application can be made by the other inventor(s).
2. The Director of the USPTO may grant the patent to the applying inventor(s), subject to the omitted inventor’s rights.
3. The omitted inventor can subsequently join the application.

Additionally, 35 U.S.C. 116(c) allows for correction of errors in naming inventors: Whenever through error a person is named in an application for patent as the inventor, or through an error an inventor is not named in an application, the Director may permit the application to be amended accordingly, under such terms as he prescribes.

To learn more:

• omitted inventor
• patent application
• inventorship correction
• 35 U.S.C. 116

To learn more:

• 35 U.S.C. 116