How can inventorship be corrected in a patent application?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

Inventorship in a patent application can be corrected through the following methods:

1. Filing a request under 37 CFR 1.48 to correct or change inventorship. For applications filed on or after September 16, 2012, this request should include:
   • An application data sheet (ADS) identifying each inventor by their legal name
   • The processing fee set forth in 37 CFR 1.17(i)
   • An oath or declaration for any new inventor who has not yet executed such a document
2. Filing a continuing application under 37 CFR 1.53 with the correct inventorship

The method chosen may depend on the specific circumstances and timing of the correction. It’s important to note that inventorship corrections should be made promptly once an error is discovered, as timeliness requirements under 37 CFR 1.116 and 37 CFR 1.312 apply.