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How to Correct Inventorship for an Issued Patent

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    Request to Correct Inventorship

    • 1). Write a request outlining the names of the inventors to be deleted from or added to the patent application. The request should specify that no deception was intended, and that all parties are in agreement.

    • 2). Collect a signed statement from each person being added or deleted, acknowledging the error and stating that it was without deception. The statement should clearly indicate that the person agrees with the changes to be made.

    • 3). Submit the request and statements along with a $130 processing fee to the US Patent and Trademark Office, or USPTO.

    Reissue

    • 1). Write a statement declaring that you believe the patent to be partially invalid due to an error in the named inventors. Make a clear declaration that the error was not made with any intended deception.

    • 2). Collect signed statements from any inventor being deleted from the patent application, if possible. If an inventor will not give consent, include a statement providing clear cause for why he should be removed from the patent.

    • 3). File the declaration and statements with the USPTO with the appropriate fees. The USPTO will examine the patent and the request and send either a decision or request for more information through the mail.

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