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
Kevin E. Flynn
PREMIUM
Answered
  • Patents Lawyer
  • Chapel Hill, NC

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

Peter D. Mlynek
Peter D. Mlynek
Answered
  • Patents Lawyer
  • Moorestown, NJ

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.

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