What are the requirements for correcting inventorship in a nonprovisional application?
Correcting inventorship in a nonprovisional application requires:
- A request to correct inventorship under 37 CFR 1.48(a)
- An application data sheet (ADS) identifying the inventorship change
- A fee as set forth in 37 CFR 1.17(i)
- A statement from each person being added or deleted as an inventor that the error occurred without deceptive intent
As stated in MPEP 602.01(c)(1): ‘If the inventive entity is set forth in error in an executed § 1.63 or § 1.64 declaration in a nonprovisional application, and such error arose without any deceptive intent on the part of the person named as an inventor in error or on the part of the person who through error was not named as an inventor, the inventorship of the nonprovisional application may be amended pursuant to 37 CFR 1.48(a).’
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Topics:
Patent Law,
Patent Procedure