How can inventorship errors be corrected in patent applications?
For applications filed on or after September 16, 2012, inventorship errors can be corrected without disclosing the circumstances of the error. This is based on 35 U.S.C. 116(c), which states:
“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.”
It’s important to note that while the “deceptive intent” language has been removed from the law, applicants still have a duty to exercise candor and good faith in all dealings with the Office. When an error is discovered, applicants should take steps to ensure that the error is corrected as soon as possible.
For more detailed information on correcting inventorship, refer to MPEP § 602.01 et seq. and MPEP § 602.09.
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