How 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 37 CFR 1.48(e) to delete the name of the person erroneously named as an inventor in a provisional application.“
Both types of requests are decided by the Director of Office of Patent Application Processing (OPAP). These procedures ensure that the correct inventors are listed on the provisional application, which is important for establishing priority and rights to the invention.
To learn more: