What are the requirements for correcting inventorship in a nonprovisional patent application filed on or after September 16, 2012?

To correct inventorship in a nonprovisional patent application filed on or after September 16, 2012, the following requirements must be met:

  • Submit a request to correct or change the inventorship
  • Include a signed application data sheet (ADS) that:
    • Identifies each inventor by their legal name
    • Provides the residence and mailing address of each inventor
    • Shows changes with underlining for insertions and strike-through or brackets for deletions
  • Pay the processing fee set forth in 37 CFR 1.17(i)

As stated in the MPEP: A request to correct the inventorship filed under 37 CFR 1.48(a) should identify the inventorship change and must be accompanied by a signed application data sheet (ADS) including the legal name, residence, and mailing address of the inventor or each actual joint inventor (see 37 CFR 1.76(b)(1)) and the processing fee set forth in 37 CFR 1.17(i).

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Topics: Patent Law, Patent Procedure
Tags: ADS, nonprovisional application