How does the USPTO handle situations where an incorrect inventor is named in a patent application?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 10 Rules 5 Related FAQs 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. The USPTO has several mechanisms to address situations where an incorrect inventor is named in a patent application. According to MPEP 2157 : Derivation proceeding under 35 U.S.C. 135 Correction of inventorship under 37 CFR 1.48 Rejection under 35 U.S.C. 101 and 35 U.S.C. 115 The MPEP states: “ A situation in which an application names a person who is not the actual inventor as the inventor will be handled in a derivation proceeding under 35 U.S.C. 135, by a correction of inventorship under 37 CFR 1.48 to name the actual inventor, or through a rejection under 35 U.S.C. 101 and 35 U.S.C. 115, as appropriate. “ The appropriate action depends on the specific circumstances of the case and when the error is discovered. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Requirement for Rejection Based on 35 U.S.C. 101 MPEP 2157 Requirement for Correct Inventorship MPEP 2157 Use Form Paragraph for Improper Inventorship Rejection MPEP 2157 Requirement for Preceding Paragraph on Improper Inventorship MPEP 2157 Required Requirement for Correcting Incorrect Inventorship MPEP 2157 Recommended Named Inventors Generally Presumed to be Actual Inventors MPEP 2157 Requirement for Inventor Identification in Patent Application MPEP 2157 Required Requirement for Correct Inventorship MPEP 2157 FITF Provisions Must Be Checked Before Rejecting Under Pre-AIA 102(f) MPEP 2157 Recommended Form Paragraph Must Follow Another MPEP 2157 Required Other Related FAQs 5 FAQs Collapse What are the requirements for naming inventors in a patent application under the AIA? What should an applicant do if they discover an error in the named inventors of a patent application? What is a derivation proceedin...