How can I correct inventorship in an issued patent?
To correct inventorship in an issued patent, you need to file a petition under 37 CFR 1.324. The petition must include:
- A statement from each person being added as an inventor and each current inventor either agreeing to the change or stating no disagreement
- A statement from all assignees agreeing to the change, complying with 37 CFR 3.73(c)
- The fee set forth in 37 CFR 1.20(b)
As stated in MPEP 1481.02: “Correction of inventorship in a patent under 37 CFR 1.324 requires petition of all the parties, i.e., originally named inventors and assignees, in accordance with statute (35 U.S.C. 256) and thus the requirement cannot be waived.“
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