---
kind: "section"
citation: "37 C.F.R. § 1.48"
title: "37"
number: "1.48"
heading: "Correction of inventorship pursuant to 35 U.S.C. 116 or correction of the name or order of names in a patent application, other than a reissue application."
url: "https://uscodex.org/cfr/37/1.48"
---

# §1.48. Correction of inventorship pursuant to 35 U.S.C. 116 or correction of the name or order of names in a patent application, other than a reissue application.

- (a) **Nonprovisional application—** Any request to correct or change the inventorship once the inventorship has been established under [§ 1.41](/cfr/37/1.41.md) must include:
  - (1) An application data sheet in accordance with [§ 1.76](/cfr/37/1.76.md) that identifies each inventor by his or her legal name; and
  - (2) The processing fee set forth in [§ 1.17(i)](/cfr/37/1.17.md?p=i).
- (b) **Inventor's oath or declaration for added inventor—** An oath or declaration as required by [§ 1.63](/cfr/37/1.63.md), or a substitute statement in compliance with [§ 1.64](/cfr/37/1.64.md), will be required for any actual inventor who has not yet executed such an oath or declaration.
- (c) Any request to correct or change the inventorship under [paragraph (a)](#a) of this section filed after the Office action on the merits has been given or mailed in the application must also be accompanied by the fee set forth in [§ 1.17(d)](/cfr/37/1.17.md?p=d), unless the request is accompanied by a statement that the request to correct or change the inventorship is due solely to the cancelation of claims in the application.
- (d) **Provisional application.** Once a cover sheet as prescribed by [§ 1.51(c)(1)](/cfr/37/1.51.md?p=c-1) is filed in a provisional application, any request to correct or change the inventorship must include:
  - (1) A request, signed by a party set forth in [§ 1.33(b)](/cfr/37/1.33.md?p=b), to correct the inventorship that identifies each inventor by his or her legal name; and
  - (2) The processing fee set forth in [§ 1.17(q)](/cfr/37/1.17.md?p=q).
- (e) **Additional information may be required.** The Office may require such other information as may be deemed appropriate under the particular circumstances surrounding the correction of inventorship.
- (f) **Correcting or updating the name of an inventor—** Any request to correct or update the name of the inventor or a joint inventor, or the order of the names of joint inventors, in a nonprovisional application must include:
  - (1) An application data sheet in accordance with [§ 1.76](/cfr/37/1.76.md) that identifies each inventor by his or her legal name in the desired order; and
  - (2) The processing fee set forth in [§ 1.17(i)](/cfr/37/1.17.md?p=i).
- (g) **Reissue applications not covered.** The provisions of this section do not apply to reissue applications. See §§ [1.171](/cfr/37/1.171.md) and [1.175](/cfr/37/1.175.md) for correction of inventorship in a patent via a reissue application.
- (h) **Correction of inventorship in patent. See—** [§ 1.324](/cfr/37/1.324.md) for correction of inventorship in a patent.
- (i) **Correction of inventorship in an interference or contested case before the Patent Trial and Appeal Board.** In an interference under [part 41](/cfr/37/part41.md), [subpart D](/cfr/37/subpartD.md), of this title, a request for correction of inventorship in an application must be in the form of a motion under [§ 41.121(a)(2)](/cfr/37/41.121.md?p=a-2) of this title. In a contested case under [part 42](/cfr/37/part42.md), [subpart D](/cfr/37/subpartD.md), of this title, a request for correction of inventorship in an application must be in the form of a motion under [§ 42.22](/cfr/37/42.22.md) of this title. The motion under § [41.121(a)(2)](/cfr/37/41.121.md?p=a-2) or [42.22](/cfr/37/42.22.md) of this title must comply with the requirements of [paragraph (a)](#a) of this section.

## Notes

### Amendments

[77 FR 48816, Aug. 14, 2012, as amended at 78 FR 4289, Jan. 18, 2013]

### Authority

Authority: 35 U.S.C. 2(b)(2), unless otherwise noted.

### Source

Source: 24 FR 10332, Dec. 22, 1959, unless otherwise noted.

### Amendments

[77 FR 48816, Aug. 14, 2012, as amended at 78 FR 4289, Jan. 18, 2013]