Lehi, UT asked in Patents (Intellectual Property) for Utah

Q: My legal name changed. Is it possible to make this change in my published patents ?

2 Lawyer Answers
Kevin E. Flynn
PREMIUM
Answered
  • Patents Lawyer
  • Pittsboro, NC
  • View Profile
  • Answered

A: I am posting the answer here in case others have the same question. I am not aware of a way to update the name of an inventor on an issued patent. It does not seem to be a good fit for a certificate of correction as there was not an error to correct.

To the extent that you are an assignee of the patent rights, then I assume you can record a name change in the assignment database which will then show the updated name of the assignee in USPTO PAIR and eventually in Google Patents.

You may want to call the USPTO Inventor Assistance Center at 800 786 9199. TThe Inventors Assistance Center provides patent information and services to the public. It is staffed by experienced patent professionals who can answer general questions concerning patent examining policy and procedure.

I wish I had a better answer for you.

Kevin E Flynn

A: This is, of course, a very common problem for many scientists and engineers who are successful in their academic lives and professional careers, prior to their marriage that changes their name, who would like potential employers to find their work.

There are about 7 ways of changing patents, but all of them exist to correct errors. If there was no error made, then there is no error to correct. Thus, updating an inventor's name due to a change of the inventor's name change will not qualify.

The only way that you could update your name is if the patent gets reissued because the patent is wholly or partially inoperative or invalid, or the patent is reexamined, that is, for very serious errors. During the reissue proceedings or the reexamination proceedings, you could have the attorney update your name.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.