Whether correcting inventorship (adding or subtracting inventors) or changing inventors’ names due to mistakes can be a confusing endeavor. Most of the information needed to correct/change inventorship can be found under 37 CFR 1.48. However, not all of corrections of inventorship occur during pending of an application. Sometimes, correction can take place during a reissue or after the patent application has issued. The following flowchart is a visual process that contains the corresponding code of federal regulations (CFRs) for correcting/changing inventorship. Note: The contents of this blog post and all other posts on this site are not intended to provide you with legal advice, but rather to only inform you. I am not your attorney. Please consult your patent attorney or agent for further questions.

37 CFR 1.48    Correction of inventorship pursuant to 35 U.S.C. 116 or correction of the name or order of names in a patent application, other than a reissue application.

• (a) Nonprovisional application: Any request to correct or change the inventorship once the inventorship has been established under §1.41 must include:

  • (1) An application data sheet in accordance with § 1.76 that identifies each inventor by his or her legal name; and

  • (2) The processing fee set forth in § 1.17(i).

• (b) Inventor’s oath or declaration for added inventor: An oath or declaration as required by § 1.63, or a substitute statement in compliance with § 1.64, will be required for any actual inventor who has not yet executed such an oath or declaration.

• (c) Any request to correct or change the inventorship under paragraph (a) of this section filed after the Office action on the merits has been given or mailed in the application must also be accompanied by the fee set forth in § 1.17(d), unless the request is accompanied by a statement that the request to correct or change the inventorship is due solely to the cancelation of claims in the application.

• (d) Provisional application. Once a cover sheet as prescribed by § 1.51(c)(1) is filed in a provisional application, any request to correct or change the inventorship must include:

  • (1) A request, signed by a party set forth in § 1.33(b), to correct the inventorship that identifies each inventor by his or her legal name; and

  • (2) The processing fee set forth in § 1.17(q).

• (e) Additional information may be required. The Office may require such other information as may be deemed appropriate under the particular circumstances surrounding the correction of inventorship.

• (f) Correcting or updating the name of an inventor: Any request to correct or update the name of the inventor or a joint inventor, or the order of the names of joint inventors, in a nonprovisional application must include:

  • (1) An application data sheet in accordance with § 1.76 that identifies each inventor by his or her legal name in the desired order; and

  • (2) The processing fee set forth in § 1.17(i).

• (g) Reissue applications not covered. The provisions of this section do not apply to reissue applications. See §§ 1.171 and 1.175 for correction of inventorship in a patent via a reissue application.

• (h) Correction of inventorship in patent. See § 1.324 for correction of inventorship in a patent.

• (i) Correction of inventorship in an interference or contested case before the Patent Trial and Appeal Board. In an interference under part 41, subpart D, of this title, a request for correction of inventorship in an application must be in the form of a motion under §41.121(a)(2) of this title. In a contested case under part 42, subpart D, of this title, a request for correction of inventorship in an application must be in the form of a motion under § 42.22 of this title. The motion under § 41.121(a)(2) or 42.22 of this title must comply with the requirements of paragraph (a) of this section.

37 CFR 1.324    Correction of inventorship in patent, pursuant to 35 U.S.C. 256.

• (a) Whenever through error a person is named in an issued patent as the inventor, or an inventor is not named in an issued patent, the Director, pursuant to 35 U.S.C. 256, may, on application of all the parties and assignees, or on order of a court before which such matter is called in question, issue a certificate naming only the actual inventor or inventors.

• (b) Any request to correct inventorship of a patent pursuant to paragraph (a) of this section must be accompanied by:

  • (1) A statement from each person who is being added as an inventor and each person who is currently named as an inventor either agreeing to the change of inventorship or stating that he or she has no disagreement in regard to the requested change;

  • (2) A statement from all assignees of the parties submitting a statement under paragraph (b)(1) of this section agreeing to the change of inventorship in the patent, which statement must comply with the requirements of § 3.73(c) of this chapter; and

  • (3) The fee set forth in § 1.20(b).

• (c) For correction of inventorship in an application, see § 1.48.

  • (d) In an interference under part 41, subpart D, of this title, a request for correction of inventorship in a patent must be in the form of a motion under § 41.121(a)(2) of this title. In a contested case under part 42, subpart D, of this title, a request for correction of inventorship in a patent must be in the form of a motion under § 42.22 of this title. The motion under § 41.121(a)(2) or § 42.22 of this title must comply with the requirements of this section.

Ninth Edition of the MPEP, Revision 08.2017, Last Revised in January 2018