How to Add Names to Patents

Applicant's error

• 1). Determine why the inventor was omitted from the patent.
  
  If it was the fault of the U.S. Patent Office, then 35 U.S.C. 254 applies. If it was the fault of the applicant, then 35 U.S.C. 255 applies.
  
  
• 2). Prepare and submit a petition to the U.S. Patent and Trademark Office. Using an experienced patent attorney or patent agent is very helpful in drafting the petition.
  
  If the inventor was omitted because of a mistake by the applicant, the petition must show that two separate statutory requirements are satisfied. The mistake must be: "(1) of a clerical nature, (2) of a typographical nature, or (3) a mistake of minor character." Correction of the mistake must not involve (1) adding new matter to the patent, or (2) require reexamination of the patent.
  
  Unlike patent applications which are submitted through the Electronic Filing System or EFS, this petition is submitted through the U.S. mail. The mailing address can be found on the PTO website.
  
  
• 3). Pay a fee to the PTO.
  
  The exact amount can be found in the current version of 37 C.F.R 1.20(b), which is available on the PTO website, as is the correct address to submit the petition and fee.
  
  If the PTO approves the petition and receives the fee, it will issue a Certificate of Correction that adds the name of the new inventor to the patent.
  
  

Patent office mistake

• 1). Obtain a Certificate of Correction Form PTO/SB/44 from the PTO web site.
  
  Go to the home page of the PTO. On the far left of the home page is a column labeled "Patents." Click on the first item in this column, called "Patent Process." On the far left of the Patent Process window is another menu. Click on "Forms." PTO/SB/44 appears on the Forms page, toward the bottom of the page.
  
  
• 2). Complete the form PTO/SB/44.
  
  Supply the patent number, the application number and the name of the inventor as listed and the issue date. Briefly describe the change you wish to make, including the name of the new inventor that the PTO failed to include.
  
  
• 3). Submit your completed form PTO/SB/44 to the PTO using the U.S. mail. A fee is not necessary for this correction. The mailing address can be found on the PTO web site.