How is inventorship corrected in a provisional patent application?

To correct inventorship in a provisional patent application, the following steps must be taken:

  • Submit a request signed by a party set forth in 37 CFR 1.33(b)
  • Identify each inventor by their legal name in the request
  • Pay the processing fee set forth in 37 CFR 1.17(q)
  • When adding an inventor, file a corrected application data sheet or a new cover sheet with the residence of all inventors

The MPEP states: 37 CFR 1.48(d) provides a procedure for adding or deleting or correcting or updating the name of an inventor in a provisional application. 37 CFR 1.48(d) requires that the submission include: (1) a request, signed by a party set forth in 37 CFR 1.33(b), to correct the inventorship that identifies each inventor by their legal name; and (2) the fee set forth in 37 CFR 1.17(q).

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Topics: Patent Law, Patent Procedure
Tags: cover sheet, Inventorship Correction, Processing Fee, provisional application