MPEP Q & A 110: What a Petition Filed On or After September 16, 2012 Must be Accompanied By to Correct Inventorship in a Patent

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Question:

What must a petition filed on or after September 16, 2012 be accompanied by to correct the inventorship in a patent?

Answer:

A petition filed on or after September 16, 2012 to correct the inventorship in a patent must be accompanied by all of the following:

  • (1) A statement from each person who is being added as in inventor and each person who is currently named as an inventor. Each inventor’s statement must either agree to the change of inventorship or state that the inventor has no disagreement in regard to the requested change.
  • (2) A statement is required from the assignee(s) of the parties submitting a statement agreeing to the change of inventorship in the patent, which statement must comply with the requirements of 37 CFR 3.73(c). A statement is required by each entity having an ownership interest in the patent.
  • (3) The fee.

Chapter Details:

The answer to this question can be found in chapter 1400 of the MPEP. This chapter covers Correction of Patents.

The answer is from the 9th Edition, Revision 07.2015. Depending on future changes to the MPEP, the question and answer may or may not be applicable in later Editions or revisions.

Section Summary:

This question and answer comes from section 1481.02 of the MPEP.  The following is a brief summary of section 1481.02.

1481.02   Correction of Named Inventor
This section covers the correction of a named inventor. Essentially, while a request under 37 CFR 1.48 is appropriate to correct inventorship in a nonprovisional application, a petition under 37 CFR 1.324 is the appropriate vehicle to correct inventorship in a patent.

This section includes coverage of requests filed before or on or after September 16, 2012 to correct a named inventor.