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[patpro23]

when an application is filed and the applicants' name is misspelled how can I correct it?
I had intended to file an ADS, but the MPEP says the Oath or declaration will govern.

Do I just file another Oath with the correct spelling?

[klaviernista]

Unfortunately a bit more is required than merely submitting a new oath.  See MPEP 201.03 (available at http://www.uspto.gov/web/offices/pac/mpep/documents/0200_201_03.htm) and 37 C.F.R. 1.48 (available at http://www.uspto.gov/web/offices/pac/mpep/documents/appxr_1_48.htm#cfr37s1.48) for details.

Klav

[khazzah]

when an application is filed and the applicants' name is misspelled how can I correct it?
I had intended to file an ADS, but the MPEP says the Oath or declaration will govern.

Unfortunately a bit more is required than merely submitting a new oath.  See MPEP 201.03 (available at http://www.uspto.gov/web/offices/pac/mpep/documents/0200_201_03.htm) and 37 C.F.R. 1.48 (available at http://www.uspto.gov/web/offices/pac/mpep/documents/appxr_1_48.htm#cfr37s1.48) for details.

klav has more experience than me, but I'm going to have to disagree here because I researched this issue. A change to inventorship is *not* necessary to correct a spelling in the inventor's name, because you're not changing the identity of the inventors. All you need is an ADS (if you haven't yet filed one) or a Supplemental ADS (if you've already filed an ADS).

Here's the relevant authority:

MPEP 605.04(b)
When a typographical or transliteration error in the spelling of an inventor's name is discovered during pendency of an application, a petition is not required, nor is a new oath or declaration under  37 CFR 1.63 needed. However, applicants are strongly encouraged to use an application data sheet such that any patent to issue will reflect the correct spelling of the inventor's name.

[patpro23]

Awesome... Thanks guys!

[bleedingpen]

when an application is filed and the applicants' name is misspelled how can I correct it?
I had intended to file an ADS, but the MPEP says the Oath or declaration will govern.

Unfortunately a bit more is required than merely submitting a new oath.  See MPEP 201.03 (available at http://www.uspto.gov/web/offices/pac/mpep/documents/0200_201_03.htm) and 37 C.F.R. 1.48 (available at http://www.uspto.gov/web/offices/pac/mpep/documents/appxr_1_48.htm#cfr37s1.48) for details.

klav has more experience than me, but I'm going to have to disagree here because I researched this issue. A change to inventorship is *not* necessary to correct a spelling in the inventor's name, because you're not changing the identity of the inventors. All you need is an ADS (if you haven't yet filed one) or a Supplemental ADS (if you've already filed an ADS).

Here's the relevant authority:

MPEP 605.04(b)
When a typographical or transliteration error in the spelling of an inventor's name is discovered during pendency of an application, a petition is not required, nor is a new oath or declaration under  37 CFR 1.63 needed. However, applicants are strongly encouraged to use an application data sheet such that any patent to issue will reflect the correct spelling of the inventor's name.

Agreed.  I had this happen and it wasn't a big deal to fix.

[klaviernista]

Well it seems that Karen is right.  Chalk another one up to posting without doing significant research.  My apologies for the misinformation.  And my thanks to Karen for correcting me.  FWIW, I did say that only a "bit" more was required than submitting a request. 

Best,

Klav