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Re: Re: Adding co-inventor?
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Posted by I'll tell you the answer on November 07, 2001 at 23:36:49:
In Reply to: Re: Adding co-inventor? posted by M Arthur Auslander on November 07, 2001 at 22:39:56:
Dear Steve, Look up 37CFR §1.324
and the MPEP at the PTO site, sections
1402, 1412.04 and 1481. The skinny is:
File a petition with the PTO, pay the $130 fee,
get statements from the patent owner (assignee),
the inventor(s) to be added, and the listed
inventors IAW 34CFR. DO THIS BEFORE THE PATENT
IS CHALLANGED OR YOU MAY LOSE THE PATENT.
§ 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 Commissioner may, on petition, 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 § 1.634.
(b) Any petition 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, and in an interference see §
1.634.
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