How does the USPTO handle situations where an incorrect inventor is named in a patent application?
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How does the USPTO handle situations where an incorrect inventor is named in a patent application?
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.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2157 - Improper Naming Of Inventors,
Patent Law,
Patent Procedure