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Can the inventor of a patent application be changed before the patent is authorized?

Publishing website: Issued on: February 21, 2023 16:32:59

Those of us who have applied for a patent or know about patent applications know that a patent can have multiple inventors. There may be one. Sometimes there may be seven or eight or even more than ten inventors. But what should we do if we forget to write all the inventors when applying for a patent? Can we add or change the inventors before applying for authorization?

First, we can tell you that it is possible to change the inventor. If we want to change the inventor, we should submit the power transfer agreement signed or sealed by all parties. In addition to the voluntary change of the inventor, there is another situation where the change is caused by the inventor's dispute. At this time, we must submit the mediation statement or judgment issued by the relevant department. There are a variety of circumstances that can change the inventor, which can be shown as follows.

(1) Where an inventor makes a request for change due to his change of name, the certificate issued by the household registration administration department shall be submitted.

(2) Where the request for change is made by the inventor due to omission or mistake, the supporting documents signed or sealed by all the applicants (or patentees) and all the inventors before the change shall be submitted.

(3) If a change request is made due to a dispute over the inventor's qualification, the content of "How to handle the transfer of patent application right (or patent right)" can be referred to.

(4) Where a request for change is made due to the change of the Chinese translation, the inventor's declaration shall be submitted.

No matter what the situation is, it is extremely difficult to change inventors nowadays. It does not mean that we will be able to make changes as long as we submit the patent inventor change application. We can entrust a patent agency to apply for changes if appropriate. Currently, patent agencies generally do not charge fees if the change is unsuccessful. If the change is successful, we can still gain patents, but if the change is unsuccessful, we will lose little. Therefore, it is more reliable to choose an agency change.

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