What should an applicant do if they discover an error in the named inventors of a patent application?
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.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2157 - Improper Naming Of Inventors,
Patent Law,
Patent Procedure