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Correcting Inventorship:
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37 C.F.R. 1.48(a-f):
- This rule is used as a guideline for the correction of inventorship.
- It discusses the correction of inventorship for all applications, except for reissues.
- The assignee’s written consent is not required if an inventor is being deleted because some of the claims were deleted during the prosecution.
A petition under 37 C.F.R. 1.48 is not required where:
- The claims and inventorship match in the end.
- There is a spelling error in the name of the inventor.
- The inventor’s name has changed.
- A court issued an order for the correction of the invention of a patent.
- There was no change in the individual, but the incorrect name was given.
- A nonprovisional application under 37 C.F.R. 111(a) was filed on or after 12/1/97:
- Which lists the names of the correct inventors, but the inventive entity differs.
- A provisional application was filed on or after 12/1/97:
- Which lists the names of the correct inventors, but the inventive entity on the cover sheet differs.
