If I file a provisional patent application in the US and then convert it to a full patent in 1 year, can I name additional inventors on that full patent application?

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When you say "...and then convert it to a full patent in 1 year..." I assume you mean you would like to file a non-provisional application and claim the benefit of (domestic) priority under 35 U.S.C. 119(e) to the prior-filed provisional application.

The answer is yes, you can add inventor(s) to the non-provisional application. The provisional and non-provisional need only have one inventor in common. See MPEP 211.01(a) which states:

...each prior-filed provisional application must have the same inventor or at least one joint inventor in common with the later-filed application...

  • 1
    I think that if you name a new inventor without changing anything on the description and claims you would have had to name the inventor on the provisional because of the obligation to name all inventors. You could then add an inventor but it might be evidence of having failed to name all inventors on the provisional. Is that right or is there something I missed? – DonQuiKong Feb 3 at 7:31

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