What should an applicant do if they discover an error in the named inventors of a patent application?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 10 Rules 5 Related FAQs 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. If an applicant discovers an error in the named inventors of a patent application, they should take prompt action to correct the inventorship. According to MPEP 2157 : “ Where an application names an incorrect inventorship, the applicant should submit a request to correct inventorship under 37 CFR 1.48. See MPEP § 602.01(c) et seq. “ The process for correcting inventorship is outlined in 37 CFR 1.48 and typically involves submitting a request to the USPTO along with the required fees and supporting documentation. It’s important to address inventorship errors as soon as they are discovered to avoid potential issues with the patent’s validity. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Requirement for Correcting Incorrect Inventorship MPEP 2157 Recommended Requirement for Correct Inventorship MPEP 2157 Requirement for Correct Inventorship MPEP 2157 Named Inventors Generally Presumed to be Actual Inventors MPEP 2157 Use Form Paragraph for Improper Inventorship Rejection MPEP 2157 Requirement for Preceding Paragraph on Improper Inventorship MPEP 2157 Required Requirement for Inventor Identification in Patent Application MPEP 2157 Required Requirement for Rejection Based on 35 U.S.C. 101 MPEP 2157 FITF Provisions Must Be Checked Before Rejecting Under Pre-AIA 102(f) MPEP 2157 Recommended Form Paragraph Must Follow Another MPEP 2157 Required Other Related FAQs 5 FAQs Collapse What are the requirements for naming inventors in a patent application under the AIA? What is a derivation proceeding and how does it relate to improper naming of inventors? Can a patent examiner reject claims based on improper inventorship? How does the USPTO handle situations where an inco...