Q: Hi, Can an Inventor be added to a patent that is already approved?

because the person who filed the patent forgot to add an inventor.

2 Lawyer Answers
David Aldrich
David Aldrich

A: Yes. Once a patent is issued, a missing inventor can (and should) be added via a certificate of correction. Please note that inventorship is based on the particular claims in that patent (not what is described in the specification), so care should be taken to analyze whether the individual in question really is an “inventor” for that case before doing so.

James L. Arrasmith
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A: In the United States, it's possible to add an inventor to a patent that has already been granted, but the process can be intricate and requires specific legal steps. This situation often arises if an inventor was inadvertently omitted from the patent application.

To correct this, you would need to file a request with the United States Patent and Trademark Office (USPTO) to issue a certificate of correction. This request should clearly state the error in the original patent — in this case, the omission of an inventor — and provide the necessary details of the omitted inventor.

It's important to note that the USPTO will carefully scrutinize the request to ensure that the omission was indeed inadvertent and without deceptive intent. If the USPTO is satisfied that the error was unintentional, they will issue a certificate of correction, amending the patent to include the missing inventor.

However, the process can be legally complex and may require substantiating evidence or documentation. It's advisable to consult with a patent attorney who can guide you through the specific requirements and help ensure that the submission to the USPTO is complete and accurate. Remember, timely action is crucial in these matters to avoid complications or legal disputes over patent ownership.

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