What is the process for correcting inventorship in a provisional patent application?

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.

The process for correcting inventorship in a provisional patent application is outlined in 37 CFR 1.48(d). To correct inventorship in a provisional application, the following must be submitted:

1. A request to correct the inventorship that identifies each inventor by their legal name. This request must be signed by a party set forth in 37 CFR 1.33(b).
2. The processing fee set forth in 37 CFR 1.17(q).

Additionally, when adding an inventor, applicants should file a corrected application data sheet or a new cover sheet providing the residence of all inventors, as per 37 CFR 1.51(c).

It’s important to note that correcting inventorship in a provisional application may not always be necessary unless there would be no overlap of inventors upon filing a nonprovisional application with the correct inventorship. The need for correction may also depend on whether a foreign filing under the Paris Convention will occur after the U.S. filing.