# MPEP § 1481.02: Correction of Named Inventor

> Federal · Agency guidance · In force

URL: https://www.frixlaw.com/law-library/statutes/MPEP_S1481.02

## Section

- **Citation:** MPEP § 1481.02
- **Heading:** Correction of Named Inventor
- **Jurisdiction:** Federal
- **Kind:** Agency guidance
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** USPTO MPEP / Chapter 1400 - Correction of Patents / MPEP § 1481.02

## Text

35 U.S.C. 256
permits the Director
to issue a certificate correcting the inventors named in a patent;
37 CFR 1.324
provides the criteria for requests to correct inventorship in a patent.
Pre-AIA 35 U.S.C.
256
requires that any error to be corrected must have been made
“without deceptive intention.” Effective September 16, 2012, Public Law 112-29, sec. 20,
125 Stat. 284 (Leahy-Smith America Invents Act (AIA)), amended
35 U.S.C. 256
to eliminate the “without deceptive intention” clause. See subsection I, below, for the
requirements of a petition filed on or after September 16, 2012 to correct inventorship
in a patent, and subsection II, below, for the requirements of such a petition filed
before September 16, 2012.
While
35 U.S.C. 256
was amended to remove
the requirement that the error was made “without deceptive intention,” practitioners
still have a duty to conduct a reasonable inquiry to name the actual inventors in a
patent application. Specifically,
35 U.S.C. 115(i)
requires that any
declaration or statement filed pursuant to
35 U.S.C. 115
must contain an
acknowledgement that any willful false statement made in the declaration or statement is
punishable under
18
U.S.C. 1001
by fine or imprisonment of not more than five (5)
years, or both. Similarly, in naming inventors in an application data sheet, a
provisional cover sheet or another paper, the person signing the papers is making a
certification under
37
CFR 11.18(b)
, including a certification that all statements made
in the papers are believed to be true. See
37 CFR 1.4(d)(4)
.
In
Egenera, Inc. v Cisco Sys., Inc.,
972 F.3d 1367, 2020 USPQ2d 10997 (Fed. Cir. 2020), the court found that the patent owner
was not judicially estopped from adding an inventor back to the patent when the patent
owner removed that inventor during an early Office proceeding involving the patent
g a certification that all statements made
in the papers are believed to be true. See
37 CFR 1.4(d)(4)
.
In
Egenera, Inc. v Cisco Sys., Inc.,
972 F.3d 1367, 2020 USPQ2d 10997 (Fed. Cir. 2020), the court found that the patent owner
was not judicially estopped from adding an inventor back to the patent when the patent
owner removed that inventor during an early Office proceeding involving the patent.
Specifically, the patent owner submitted a petition to remove an inventor due to claim
construction advanced in an Office proceeding and that inventor was removed from the
patent by the Office as a matter of formality by the “ministerial”
35 U.S.C. 256
process. In a related court proceeding, a different claim construction construing “logic
to modify” as a means plus function limitation was adopted by the district court and
affirmed on appeal. As a result of the different claim interpretation in the court
decisions, the patent owner appropriately requested that the deleted inventor be added
back to the patent.
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.
If a request under
37 CFR 1.48
is inadvertently filed
in a patent, the request may be treated as a petition under
37 CFR 1.324
, and
if it is grantable, form paragraph
10.14
set forth in subsection III,
below should be used.
Similarly, if a request under
37 CFR 1.48(a), (b), or (c)
is filed
in a pending application but not acted upon until after the application becomes a
patent, the request may be treated as a petition under
37 CFR 1.324
, and
if it is grantable, form paragraph
10.14
set forth below should be
used.
The statutory basis for correction of inventorship in a patent under
37 CFR
1.324
is
35 U.S.C. 256
. It is important to
recognize that
35
U.S.C. 256
is stricter than
35 U.S.C. 116
, the statutory basis
for corrections of inventorship in applications under
37 CFR 1.48
.
35 U.S.C
e treated as a petition under
37 CFR 1.324
, and
if it is grantable, form paragraph
10.14
set forth below should be
used.
The statutory basis for correction of inventorship in a patent under
37 CFR
1.324
is
35 U.S.C. 256
. It is important to
recognize that
35
U.S.C. 256
is stricter than
35 U.S.C. 116
, the statutory basis
for corrections of inventorship in applications under
37 CFR 1.48
.
35 U.S.C.
256
requires “on application of all the parties and assignees,”
while
35 U.S.C.
116
does not have the same requirement. Correction of inventorship
in a patent under
37
CFR 1.324
requires petition of all the parties, i.e., originally
named inventors and assignees, in accordance with statute (
35 U.S.C. 256
) and
thus the requirement cannot be waived.
Where applicant’s typographical error in an inventor’s
name is recognized after the patent issues, a certificate of correction under
37 CFR
1.323
, the fee set forth in
37 CFR 1.20(a)
, a petition under
37 CFR
1.182
, and the petition fee set forth in
37 CFR
1.17(f)
must be filed to request correction of the typographical
error in the inventor’s name.
Where an inventor changes their name, including a legal
name change, after the patent issues, a certificate of correction cannot be filed to
effect the name change in the patent. An inventor name change after a patent issues is
neither a “mistake of a clerical or typographical nature, or of minor character” in
accordance with
35
U.S.C. 255
, nor a mistake that “is clearly disclosed by the
records of the Office” in accordance with
35 U.S.C. 254
. Additionally, an
inventor name change, including a legal name change, after the patent issues is not a
correction of inventorship under
35 U.S.C. 256
ge after a patent issues is
neither a “mistake of a clerical or typographical nature, or of minor character” in
accordance with
35
U.S.C. 255
, nor a mistake that “is clearly disclosed by the
records of the Office” in accordance with
35 U.S.C. 254
. Additionally, an
inventor name change, including a legal name change, after the patent issues is not a
correction of inventorship under
35 U.S.C. 256
.
Similarly, where an inventor changes their name,
including a legal name change, prior to issuance of the patent but did not correct their
name while the patent application was pending, a certificate of correction cannot be
filed to effect the inventor name change in the patent because the name of the inventor
was correct at the time of filing the application and was not changed during the
pendency of the application. Submitting a request for correction of inventorship under
35 U.S.C.
256
due to an inventor that changed their legal name is
inappropriate.
All requests to make a correction of a named inventor
should include the certificate of correction form (PTO/SB/44). If the completed form is
not provided, the name of the inventors along with their residence information is
required for the Office to print the certificate of correction.
I.
REQUEST FILED ON OR AFTER SEPTEMBER 16, 2012, TO CORRECT NAMED INVENTOR
[Editor Note: See subsection II below, for requests filed before September
16, 2012.]
35 U.S.C. 256
Correction of named inventor.
(a) CORRECTION.- Whenever through error a person is named in an
issued patent as the inventor, or through error an inventor is not named in
an issued patent, the Director may, on application of all the parties and
assignees, with proof of the facts and such other requirements as may be
imposed, issue a certificate correcting such error.
mber
16, 2012.]
35 U.S.C. 256
Correction of named inventor.
(a) CORRECTION.- Whenever through error a person is named in an
issued patent as the inventor, or through error an inventor is not named in
an issued patent, the Director may, on application of all the parties and
assignees, with proof of the facts and such other requirements as may be
imposed, issue a certificate correcting such error.
(b) PATENT VALID IF ERROR CORRECTED.- The error of omitting
inventors or naming persons who are not inventors shall not invalidate the
patent in which such error occurred if it can be corrected as provided in
this section. The court before which such matter is called in question may
order correction of the patent on notice and hearing of all parties
concerned and the Director shall issue a certificate accordingly.
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
.
isagreement 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.
In requesting the Office to effectuate a court order correcting
inventorship in a patent pursuant to
35 U.S.C. 256
, a copy of the
court order and a certificate of correction under
37 CFR 1.323
must be submitted to
the Certificates of Correction Branch. In addition, form PTO/SB/44 should be
filed.
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 an inventor and each person who is currently named as an inventor. Each
inventor statement must either agree to the change of inventorship or state
that the inventor has no disagreement in regard to the requested change. See
37 CFR
1.324(b)(1)
.
(2) A statement is required from the assignee(s) of
the parties submitting a statement under
37 CFR 1.324(b)(1)
agreeing
to the change of inventorship in the patent, which statement must comply with
the requirements of
37 CFR 3.73(c)
. See
37 CFR
1.324(b)(2)
. See
MPEP §
325
as to the requirements of a statement under
37 CFR
3.73(c)
. A statement is required by each entity having an
ownership interest in the patent.
required from the assignee(s) of
the parties submitting a statement under
37 CFR 1.324(b)(1)
agreeing
to the change of inventorship in the patent, which statement must comply with
the requirements of
37 CFR 3.73(c)
. See
37 CFR
1.324(b)(2)
. See
MPEP §
325
as to the requirements of a statement under
37 CFR
3.73(c)
. A statement is required by each entity having an
ownership interest in the patent.
(3) The fee set forth in
37 CFR
1.20(b)
.
If an inventor is not available, or refuses, to submit a statement,
the assignee of the patent may wish to consider filing a reissue application to
correct inventorship, because the inventor’s statement is not required for a
non-broadening reissue application to correct inventorship. See
MPEP §
1412.04
.
For correction of inventorship in a patent in an
interference under 37 CFR part 41, subpart D,
37 CFR 1.324(d)
provides that a
request for correction of inventorship must be in the form of a motion under
37 CFR
41.121(a)(2)
. For correction of inventorship in a contested
case under 37 CFR part 42, subpart D,
37 CFR 1.324(d)
provides that a
request for correction of inventorship in a patent must be in the form of a motion
under
37
CFR 42.22
.
37 CFR 1.324(d)
further provides
that the motion made under
37 CFR 41.121(a)(2)
or
42.22
must comply with the requirements of
37 CFR
1.324
.
II.
REQUEST FILED BEFORE SEPTEMBER 16, 2012, TO CORRECT NAMED INVENTOR
[Editor Note: See subsection I above, for requests filed on or after
September 16, 2012.]
Pre-AIA 35 U.S.C. 256
Correction of named inventor
Whenever through error a person is named in an
issued patent as the inventor, or through error an inventor is not named in an
issued patent and such error arose without any deceptive intention on his part,
the Director may, on application of all the parties and assignees, with proof of
the facts and such other requirements as may be imposed, issue a certificate
correcting such error
named inventor
Whenever through error a person is named in an
issued patent as the inventor, or through error an inventor is not named in an
issued patent and such error arose without any deceptive intention on his part,
the Director may, on application of all the parties and assignees, with proof of
the facts and such other requirements as may be imposed, issue a certificate
correcting such error.
The error of omitting inventors or naming persons
who are not inventors shall not invalidate the patent in which such error occurred
if it can be corrected as provided in this section. The court before which such
matter is called in question may order correction of the patent on notice and
hearing of all parties concerned and the Director shall issue a certificate
accordingly.
Pre-AIA 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 through error an inventor is not named
in an issued patent and such error arose without any deceptive intention on
his or her part, 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.
A petition to correct inventorship of a patent involved in an interference
must comply with the requirements of this section and must be accompanied by
a motion under
§ 41.121(a)(2)
or
§
41.121(a)(3)
of this title.
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.
A petition to correct inventorship of a patent involved in an interference
must comply with the requirements of this section and must be accompanied by
a motion under
§ 41.121(a)(2)
or
§
41.121(a)(3)
of this title.
(b) Any request to correct inventorship of a
patent pursuant to paragraph (a) of this section must be accompanied by:
(1) Where one or more persons are being
added, a statement from each person who is being added as an inventor
that the inventorship error occurred without any deceptive intention
on his or her part;
(2) A statement from the current named
inventors who have not submitted a statement under paragraph (b)(1) of
this section either agreeing to the change of inventorship or stating
that they have no disagreement in regard to the requested change;
(3) A statement from all assignees of the
parties submitting a statement under paragraphs (b)(1) and (b)(2) of
this section agreeing to the change of inventorship in the patent,
which statement must comply with the requirements of
§
3.73(b)
of this chapter; and
(4) The fee set forth in
§
1.20(b)
.
(c) For correction of inventorship in an
application, see
§§ 1.48
and
1.497
.
(d) In a contested case before the Board of
Patent Appeals and Interferences under part 41, subpart D, of this title, a
request for correction of a patent must be in the form of a motion under
§
41.121(a)(2)
or
§ 41.121(a)(3)
of this
title.
In requesting the Office to effectuate a court order
correcting inventorship in a patent pursuant to
35 U.S.C.
256
, a copy of the court order and a certificate of correction
under
37 CFR
1.323
must be submitted to the Certificates of Correction
Branch
ubpart D, of this title, a
request for correction of a patent must be in the form of a motion under
§
41.121(a)(2)
or
§ 41.121(a)(3)
of this
title.
In requesting the Office to effectuate a court order
correcting inventorship in a patent pursuant to
35 U.S.C.
256
, a copy of the court order and a certificate of correction
under
37 CFR
1.323
must be submitted to the Certificates of Correction
Branch. A petition filed before September 16, 2012 to correct the inventorship in a
patent must comply with the requirements of
pre-AIA 37 CFR 1.324
, and must
include the statements and fee required by
pre-AIA 37 CFR 1.324(b)
.
Under
pre-AIA 37 CFR 1.324(b)(1)
, a
statement is required from each person who is being added as an inventor that the
inventorship error occurred without any deceptive intention on their part. In order
to satisfy this, a statement such as the following is sufficient:
“The inventorship error of failing to include John
Smith as an inventor of the patent occurred without any deceptive intention on the
part of John Smith.”
Nothing more is required. The examiner will determine
only whether the statement contains the required language; the examiner will not make
any comment as to whether or not it appears that there was in fact deceptive
intention (see
MPEP §
2012
).
Under
pre-AIA 37 CFR 1.324(b)(2)
, all
current inventors who did not submit a statement under
pre-AIA 37 CFR
1.324(b)(1)
must submit a statement either agreeing to the
change of inventorship, or stating that they have no disagreement with regard to the
requested change. “Current inventors” include the inventor(s) being retained as such
and the inventor(s) to be deleted. These current inventors need not make a statement
as to whether the inventorship error occurred without deceptive intention
e-AIA 37 CFR
1.324(b)(1)
must submit a statement either agreeing to the
change of inventorship, or stating that they have no disagreement with regard to the
requested change. “Current inventors” include the inventor(s) being retained as such
and the inventor(s) to be deleted. These current inventors need not make a statement
as to whether the inventorship error occurred without deceptive intention. If an
inventor is not available, or refuses, to submit a statement, the assignee of the
patent may wish to consider filing a reissue application to correct inventorship,
because the inventor’s statement is not required for a non-broadening reissue
application to correct inventorship. See
MPEP § 1412.04
.
Under
pre-AIA 37 CFR 1.324(b)(2)
, a
statement is required from the assignee(s) of the patent agreeing to the change of
inventorship in the patent. The assignee statement agreeing to the change of
inventorship must be accompanied by a proper statement under
pre-AIA 37 CFR
3.73(b)
establishing ownership, unless such a proper statement
is already in the file. See
MPEP § 324
as to the requirements of
a statement under
pre-AIA 37 CFR 3.73(b)
.
III.
PETITION UNDER 37 CFR 1.324
Correction of inventorship requests under
37 CFR
1.324
should be directed to the Supervisory Patent Examiner
(SPE) whose unit handles the subject matter of the patent. The SPE may use Form
PTOL-306 to respond to the request under
37 CFR 1.324
. Alternatively, form
paragraphs
10.13
through
10.18
may be used.

## Nearby sections

- [MPEP § 1400.01 Introduction](https://www.frixlaw.com/law-library/statutes/MPEP_S1400.01.md)
- [MPEP § 1401 Reissue](https://www.frixlaw.com/law-library/statutes/MPEP_S1401.md)
- [MPEP § 1402 Grounds for Filing](https://www.frixlaw.com/law-library/statutes/MPEP_S1402.md)
- [MPEP § 1403 Diligence in Filing](https://www.frixlaw.com/law-library/statutes/MPEP_S1403.md)
- [MPEP § 1404 Submission of Papers Where Reissue Patent Is in Litigation](https://www.frixlaw.com/law-library/statutes/MPEP_S1404.md)
- [MPEP § 1405 Reissue and Patent Term](https://www.frixlaw.com/law-library/statutes/MPEP_S1405.md)
- [MPEP § 1406 Citation and Consideration of References Cited in Original Patent](https://www.frixlaw.com/law-library/statutes/MPEP_S1406.md)
- [MPEP § 1410 Content of Reissue Application](https://www.frixlaw.com/law-library/statutes/MPEP_S1410.md)
- [MPEP § 1410.01 Reissue Applicant and Inventor's Oath or Declaration](https://www.frixlaw.com/law-library/statutes/MPEP_S1410.01.md)
- [MPEP § 1410.02 Assignee Consent to the Reissue](https://www.frixlaw.com/law-library/statutes/MPEP_S1410.02.md)
- [MPEP § 1411 Form of Specification](https://www.frixlaw.com/law-library/statutes/MPEP_S1411.md)
- [MPEP § 1411.01 Certificate of Correction or Disclaimer in Original Patent](https://www.frixlaw.com/law-library/statutes/MPEP_S1411.01.md)
- [MPEP § 1411.02 New Matter](https://www.frixlaw.com/law-library/statutes/MPEP_S1411.02.md)
- [MPEP § 1412 Content of Claims](https://www.frixlaw.com/law-library/statutes/MPEP_S1412.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/MPEP_S1481.02. Check the current official text before relying on it. Not legal advice.