Patent and Invention Help Forum

changes to inventor list from provisional to non-provisional patent application

DennisM

Hi Brad,
I have a provisional patent application filed with 3 inventors listed.  In the process of putting together the non-provisional application materials, we’ve potentially decided that only 2 of the inventors should be listed (everyone is in agreement).  Is it simply OK to just list the 2 inventors in the non-provisional application, or is there something else that needs to be done to make that change?  Thanks for your insights!
Dennis

Brad

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The inventors list can always be updated from time to time.   Remember that inventors should only be the ones who contributed to the "claims" so before you can even determine who the inventors are, you should have your claims for the non-provisional written out.   Once you have the claims written, you go through each claim and whoever contributed to at least one claim should be added as an inventor.

My free patent template: http://patentfile.org/free-provisional-patent-template/

Hire Me:  http://patentfile.org/packages/

Disclaimer: The information on this site is not legal advice and is not a substitute for an attorney or a law firm.  You should seek legal counsel for legal questions.

DennisM

Thanks, Brad.  So no need to fill out any change/update forms in this situation?  I know there are forms and fees further down the process to make such changes, but it's not clear if there are at this stage.

Brad

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If you are at the provisional stage I have never seen anyone change inventorship unless there was some huge reason or urgency.   Usually there are no claims in provisionals so inventorship is not really an issue yet.

Most times we just re-do the claims and re-do the inventorship at the time we file the full non-provisional. 

My free patent template: http://patentfile.org/free-provisional-patent-template/

Hire Me:  http://patentfile.org/packages/

Disclaimer: The information on this site is not legal advice and is not a substitute for an attorney or a law firm.  You should seek legal counsel for legal questions.