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There are 3 inventors in this patent application. And, this application is pending now (i.e., It is not patented.)

Our client wishes to rearrange the order of the inventors because one of the inventors wants to be a First Inventor.

So, please kindly let me know the procedure and any necessary documents for doing that.

Thank you for your help in advance.

Judy

  • Judy, as you may know, one needs to be a registered practitioner with the USPTO in order to represent others before the patent office. It is very easy to make a mistake and loose rights for an inventor. – George White Jul 5 at 17:35
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Filing an updated Application Data Sheet should accomplish this. There is also a form called Request for Correction in a Patent Application Relating to Inventorship or an Inventor Name, or Order of Names, Other than in a Reissue Application (37 CFR 1.48). You might file this along with the new ADS to be sure your intent is clear.

You mention "your client". You may not know it but only a USPTO registered practitioner (a patent attorney or patent agent) can represent others before the patent office. The inventors themselves can chose one among them to represent the group but, other than that, a registered person is required. If your client is a non-inventor applicant they can't sign submissions to the patent office. Submitting something not properly signed is like not submitting anything at all.

If you are a state licensed attorney but not a USPTO registered patent practitioner you can represent people before the trademark side, but not the patent side.

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