Listing correct inventors in a patent application is important. An incorrect listing may not only lead to emotional issues, but also loss of rights, among other issues. Incorrect listing may have occurred by omitting names of individuals, who should have been named as inventors in the patent application. On the other hand, incorrect listing may have occurred by including names of individuals, who should not have been named as inventors in the patent application. In any case, such lapse can be set right. 

Procedure for adding an inventor to a patent application

Section 28 of The Patents Act, 1970 deals with addition of inventor(s) to a patent application, and the corresponding rules are 66, 67, 68 and 69 of The Patent Rules, 2003. A request to add an inventor to the patent application can be made by any of the below listed entities, based on the circumstances.

1. Applicant for the patent
2. Applicant for the patent and the person who has to be added as the inventor
3. The person who wishes be added as the inventor

1. Request by applicant for the patent

The applicant for the patent can make a request to the Controller to add a person as one of the inventors, if the person who has to be added as the inventor is also the applicant or is at least one of the applicants.

As best practice, it would be wise to submit to the Controller, consent of all the applicants, in case of joint applicants.

2. Request by applicant for the patent and the person who has to be added as the inventor

The applicant and the person who has to be added as one of the inventors can make a request to the Controller, if the person who has to be added as the inventor is neither the applicant nor one of the joint applicants.

3. Request by the person who wishes to be added as the inventor

The person who wishes to be added as the inventor can make a request by himself. Such a scenario might occur when the person in not an applicant for patent on record, and the applicant on record is not willing to make the request to the Controller. On receiving a request of this nature, the Controller will give notice of the claim and the statement made by the person to every applicant for the patent and to any other person whom the Controller may consider to be interested. The Controller may, if required, provide opportunity to be heard to any person to whom he had sent the notice, before deciding.  

Procedure for deleting an inventor from a patent or patent application

Section 28(7) of The Patents Act, 1970 deals with deletion of inventor(s) from a patent application, and the corresponding rule is 68 of The Patent Rules, 2003. Under Section 28(7), only those who were added as inventors as a consequence of the request(s) discussed earlier, can be removed. Such a request may be made by any person, and at any time. On receiving a request to certify that such a person should not have been named as the inventor, the Controller may, if required, provide opportunity to be heard to any person whom he thinks might be interested, before taking a decision.

The above discussed requests to add or remove an inventor should be made in Form 8 with the prescribed fee.

It shall be noted that, the Act does not have exclusive provisions for removing inventors who were named while filing the patent application. However, a petition can be filed by relying on sections relevant to inventorship to request the Controller to remove an inventor who was named at the time of filing the patent application.

Apart from addition or deletion of inventors, correction of names of inventors who are already on record is also possible. Such corrections may be required because of clerical errors while filing the patent application, or by reason of change in a person’s name. Request to make such corrections should be made using Form 13 with the prescribed fee. 

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