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

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.

To learn more:

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