It is often discovered after filing that a co-inventor’s name is missing or misspelt, or that an inventor’s surname has changed after marriage or a gazette notification. Confusion then follows over whether the Indian Patent Office will allow a correction, whether the application must be refilled, and which form applies. This article explains, in clear steps, how Indian law treats “inventor name” changes at different stages and what evidence to file so your prosecution stays on track.
Can an inventor’s name be changed after filing in India?
Short answer, yes, but the correct route depends on the nature of the change and the stage of the case:
Correcting a typographical error or reflecting a legal name change is treated as a clerical correction or an amendment to documents on record. This is handled under Section 78 and, where needed, Section 57 read with Rule 81 using Form 13.
Adding a missing inventor or deleting a wrongly included inventor engages the “mention of inventor” framework in Section 28, made through Form 8 before grant, with hearings if there is a dispute. Post-grant deletion is also possible under Section 28(7).
The legal framework, in plain English
Section 28 and Form 8, for adding or deleting inventors
Section 28 lets the Controller “cause [a person] to be mentioned as inventor” in any patent granted pursuant to the application. Requests by the applicant, or joint requests by applicant and the person to be added, are filed before grant in Form 8. A separate “claim” route exists for a person to apply independently if the applicant will not cooperate. The Controller may notify interested parties and hold a hearing. Importantly, the statute requires that all such requests or claims be made before grant. For post-grant, Section 28(7) allows any person to seek deletion of someone wrongly mentioned as an inventor, and the Controller can rectify the specification and the Register.
Rules 66, 67 and 68 of the Patents Rules prescribe Form 8 for these requests or claims and govern the notice and hearing process.
Sections 57, 59 and Form 13, for amending documents
If the correction is to a document on record, such as the Declaration as to Inventorship (Form 5) or the application form, Section 57 read with Rule 81 permits an amendment “of the application, the complete specification, or any document related thereto”. The request is made in Form 13 with reasons and a marked-up copy. Amendments cannot broaden the subject-matter, but name corrections are typically formal.
Section 78, for clerical errors
Separately, Section 78 empowers the Controller to correct clerical errors in any patent, specification, application or even in the Register, on request with the prescribed fee, or suo motu with notice. A simple spelling correction in an inventor’s name usually fits here.
Helpful forms to know
Form 5, Declaration as to Inventorship, filed with the complete specification. If this later needs rectification, use Section 57/Form 13 or Section 78 depending on the error.
Form 8, Request or Claim regarding mention of inventor as such in a patent, used under Section 28 pre-grant and also for a post-grant deletion request under Section 28(7).
Form 13, Application for amendment of application/specification/any related document, used for substantive document corrections.
Form 30, a general form when no specific form exists, sometimes used for ancillary requests.
Three common scenarios, with checklists
1) Typo or legal name change of an inventor already listed
When to use: Spelling errors, initials expanded, change of surname after marriage, or change notified in the Gazette.
How to file:
Request a correction under Section 78 explaining the clerical error, enclose evidence such as PAN/Aadhaar or Gazette notification and an affidavit.
If the error sits within a filed form like Form 5, also file Form 13 under Section 57 to amend the erroneous document on record, with a clean and marked-up copy and reasons.
What to expect: The Controller may allow it on the papers. If the change could materially affect records, a brief notice step can be directed. Rights, priority, and claim scope remain untouched because the change is formal.
2) Adding a missing inventor before grant
When to use: A substantive contributor to at least one claim was unintentionally left out.
How to file:
File Form 8 under Section 28(2) by the applicant alone, or jointly with the person to be added if that person is not an applicant. Alternatively, the person can file a claim under Section 28(3) using Form 8.
Attach a brief inventorship statement mapping the person’s contribution to specific claims, and obtain consent of all current applicants as best practice.
Remember, make the request before grant. Section 28(4) is explicit on timing.
What to expect: The Controller may serve notice on interested parties and list a short hearing if needed. If satisfied, the inventor will be recorded for mention in the patent and in the Register. This mention does not itself change ownership. The proviso to Section 28(1) clarifies that inventor mention neither confers nor derogates from patent rights.
3) Deleting a wrongly included inventor
Before grant: Use Form 8 with reasons and supporting material. Expect notice and, if required, a hearing under Section 28(6).
After grant: Use Section 28(7) with Form 8 to seek a certificate that a person ought not to have been mentioned, upon which the Controller rectifies the specification and the Register.
Jurisprudence that guides “who is an inventor”
Indian courts and the Patent Office have consistently treated “inventor” as the person who makes an intellectual or technical contribution to at least one claim.
V.B. Mohammed Ibrahim v. Alfred Schafranek (Mysore High Court, 1960): A financing partner or a corporation cannot be an inventor. Only a natural person who contributes skill or technical knowledge qualifies. This case is often cited in India while determining inventorship.
Shining Industries v. Shri Krishna Industries (Allahabad High Court, 1975): The court underscored that inventorship vests in a human contributor; a firm may hold rights as assignee, but the firm itself is not “the inventor”.
National Institute of Virology v. Vandana S. Bhide (Controller decision): “Hired hands” who merely follow instructions to build or test are not inventors unless they make an intellectual contribution to the final results. This IPO decision is frequently referenced in guidance for identifying true inventors.
These principles matter because the Controller will look for a crisp claim-wise contribution explanation before allowing addition or deletion under Section 28.
Practical tips that applicants often miss
Do not panic if Form 5 was already filed. Section 28 specifically allows requests or claims to add or correct inventorship before grant, and the Manual reproduces the Section 28 procedure and timing. If Form 5 needs rectification, use Form 13 or Section 78 as appropriate.
If you only want names printed on the grant certificate, remember that certificates usually show the patentee. To have inventors mentioned, the office recognises a request under Form 8 and also provides Form 8A for a Certificate of Inventorship.
Keep evidence tidy: include consent letters, an affidavit, Gazette notification or ID proof for name changes, and a short table mapping contribution to claims for additions.
Expect notice and, sometimes, a brief hearing where a claim is disputed. Section 28(6) empowers the Controller to hear all sides.
For simple spelling errors, invoke Section 78 with a straightforward request. It is designed for clerical corrections in documents and the Register.
Applicant FAQs, answered within the process
Will adding an inventor change who owns the patent?
Not automatically. Section 28 is about mentioning the inventor in the patent and the Register. It expressly states that such mention “shall not confer or derogate from any rights under the patent”. Ownership follows the applicant or patentee of record and any assignment, not the inventor listing.Can I add a missing inventor after grant?
Section 28 requires requests or claims to be made before grant. After grant, the statute expressly provides a route to delete someone wrongly mentioned, via Section 28(7), but not to newly add an inventor. Where entitlement is disputed post-grant, parties usually resolve through contracts or litigation on entitlement, while the Register can be rectified in accordance with law.Will correcting an inventor’s name affect my priority date or claims?
No. A clerical correction or document amendment for names does not change priority or claim scope. File under Section 78 and, where needed, Section 57 with Form 13.Does the Patent Office insist on a specific form for every request?
Yes. Where a specific form is not prescribed, use Form 30, a general form under Rule 8(2). Avoid informal letters for record changes.A quick, no-nonsense workflow
Simple typo or legal name change: Section 78 request, with evidence. If Form 5 or another filed document is wrong, add Form 13.
Add an omitted inventor pre-grant: Form 8 under Section 28, with contribution mapping, consents and supporting statements.
Delete a wrongly named inventor: Form 8 under Section 28, before grant, or Section 28(7) after grant. Expect notice and possible hearing.
Why getting this right matters
Accurate inventorship preserves integrity of the patent and reduces avoidable disputes. Indian practice also recognises that certificates often highlight patentees, so if public recognition of inventors is important to your team, plan a timely Form 8 request and consider a Certificate of Inventorship under Form 8A.
