I added a co-inventor from a previous patent to a continuation patent application. He felt he should not be named, so didn't send an oath or declaration. I forgot to remove his name, so his name was on the ADS but there was no declaration etc. So now I have a notice of missing parts to file the declaration. He's willing to sign any necessary paperwork. How should I respond? Is it the same process as change of inventorship?
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You could try calling the patent office.– DonQuiKongOct 12 '17 at 12:19
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I assume you refer to US jurisdiction. This is a highly specialized question you are posing here. Why don't you try this forum:intelproplaw.com/ip_forum (US-based)– chempatent1981Oct 12 '17 at 12:21
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I took @DonQuiKong's advice and called the USPTO's Pro Se assistance hotline. They advised me to simply file a corrected ADS. It's unclear if there are any fees involved other than for filing the corrected ADS.
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To follow up, just the miscellaneous processing fees were required ($70 for small entity, $35 for micro-entity), since this correction was before the first office action on the merits. Oct 21 '17 at 23:20
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As an addendum: intelproplaw.com/ip_forum/index.php?topic=28294.0 states that ADS corrections other than inventorship do not require a processing fee if filed before first action on the merits. Aug 2 '19 at 15:24