What is the process for changing inventorship on a patent after it has been issued?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27

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.

Changing inventorship on an issued patent requires a specific process, as outlined in MPEP § 1481.02. According to MPEP 1002.02(l), “Request to change inventorship pursuant to court order, 37 CFR 1.324, MPEP § 1481.02” is decided by the Certificates of Correction Branch.

The process typically involves:

  • Obtaining a court order directing the change in inventorship
  • Filing a request with the USPTO’s Certificates of Correction Branch
  • Providing the necessary documentation, including the court order
  • Paying any required fees

It’s important to note that this process is specifically for changes made pursuant to a court order. Other inventorship changes may follow different procedures. Always consult the most recent version of the MPEP and CFR for the most up-to-date requirements.

Tags: court order, Inventorship Change, Patent correction, USPTO procedures