Boston, MA asked in Patents (Intellectual Property) for Massachusetts

Q: my name is spelled with a typo in a patent. How do I fix that?

Patent number: 7373500

My name is "Rajesh Vaidheeswarran". In the patent it is spelled as "Rajesh Vaidheswarra"

Not sure how that typo crept in, butI would like that fixed. Any assistance would be helpful

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

A: Rajesh,

This is surprisingly difficult to fix as you signed the original oath on July 7, 2003 as Rajesh Vaidheswarra. Most likely this was the spelling used throughout the process.

Ideally, you would have corrected this problem in July of 2003. Now the USPTO believes there is an inventor with that name and it will take some steps to change this. The assignee of the patent will need to handle this and they may need signatures from the other co-inventors.

The fix may get made at both the USPTO PAIR record and the USPTO assignment record but won't change the face of the printed patent. They can seek a Certificate of Correction which goes to the end of the printed patent to fix typos.

This it probably not what you wanted to hear but it is important that you read carefully any document before you sign it.

Kevin E Flynn

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

A: Although Mr. Flynn is correct that you've signed the oath that had your name misspelled with an illegible signature, your name is spelled correctly in the assignment to Nauticus dated 8 Sep 2003. So now, technically, there are several errors in the file: a name of the inventor is omitted from the list of inventors; a name of one Vaidheswarra is erroneously appearing there; the alleged inventor Vaidheswarra never assigned the patent; and you assigned the patent even though you are not listed as an inventor thus could not assign it. But everyone understands what is going on: the drafter of the oath simply messed up. I would be highly surprised that this would be at all relevant at any litigation challenging the validity of the patent.

But the issue is different. The issue is not whether it can or cannot be fixed, but whether you can convince the owner of the patent, Oracle, to spend time and resources in correcting this mistake. Sorry, but as an inventor, you do not have a say what happens to the patent, including whether any mistakes are corrected or not; this is a decision for the patent owner to make. The patent owner may be willing to correct it (one client that I worked for was OK to spend thousands of dollars correcting a missing comma), or may not bother. You need to contact Oracle or the IP attorney responsible for this case.

Good luck!

Griffin Klema
Griffin Klema
Answered
  • Patents Lawyer
  • Tampa, FL

A: If you want it changed, review the information in the MPEP: § 1481.02 - Correction of Named Inventor. https://mpep.uspto.gov/RDMS/MPEP/current#/current/d0e145099.html

A petition . . . to correct the inventorship in a patent must be accompanied by all of the following:

(1) A statement from . . . each person who is currently named as an inventor. Each inventor statement must either agree to the change of inventorship or state that the inventor has no disagreement in regard to the requested change. See 37 CFR 1.324(b)(1).

(2) A statement is required from the assignee(s) of the parties submitting a statement under 37 CFR 1.324(b)(1) agreeing to the change of inventorship in the patent, which statement must comply with the requirements of 37 CFR 3.73(c). See 37 CFR 1.324(b)(2). See MPEP § 325 as to the requirements of a statement under 37 CFR 3.73(c). A statement is required by each entity having an ownership interest in the patent.

(3) The fee set forth in 37 CFR 1.20(b).

Good luck!

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