What form can I use to correct or update an inventor’s name in a patent application?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-09

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.

To correct or update an inventor’s name in a patent application (other than reissue applications), you can use Form PTO/AIA/40. As stated in MPEP 602.01(c)(2):

See MPEP § 602.01(c)(1) for a copy of form PTO/AIA/40 that may be used to correct or update in inventor’s name or change the order of names in applications (other than reissue applications).

This form should be submitted along with:

  • An application data sheet (ADS) in accordance with 37 CFR 1.76 that identifies each inventor by their legal name in the desired order.
  • The processing fee set forth in 37 CFR 1.17(i).

Remember to clearly identify the desired inventor name change in your request.

Topics: Patent Law Patent Procedure
Tags: 40, ADS, application data sheet, Inventor Name Correction