How can inventorship be corrected in an international design application?

Inventorship in an international design application can be corrected according to the provisions outlined in 37 CFR 1.48(a). The MPEP 2920.01 states:

“Inventorship may be corrected in accordance with the provisions of 37 CFR 1.48(a). See MPEP § 602.01(c) et seq. for a detailed discussion of correction of inventorship, correcting or updating the name of an inventor, and adjusting the order of the names of joint inventors.”

To correct inventorship, the following steps are generally required:

  • File a request to correct inventorship under 37 CFR 1.48(a)
  • Submit a signed Application Data Sheet (ADS) with the correct inventor information
  • Pay the required processing fee
  • If filed after an Office action on the merits, pay an additional fee
  • Provide an oath or declaration for any newly added inventor

It’s important to follow the specific requirements outlined in the MPEP and CFR when submitting a correction to ensure proper processing.

To learn more:

Topics: MPEP 2900 - International Design Applications, MPEP 2920.01 - Inventorship, Patent Law, Patent Procedure
Tags: International Design Application, Inventorship Correction, patent procedure, USPTO