This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.
The inventorship in a Continued Prosecution Application (CPA) is generally the same as in the prior application, unless a specific request is made to change it. According to 37 CFR 1.53(d)(4):
The inventive entity set forth in the prior nonprovisional application automatically carries over into the CPA UNLESS the request for a CPA is accompanied by or includes on filing a statement requesting the deletion of the name or names of the person or persons who are not inventors of the invention being claimed in the CPA.
If a change in inventorship is desired, a statement requesting the deletion of the names of non-inventors must be filed with the CPA request. This statement must be signed by a person authorized under 37 CFR 1.33(b). For applications filed on or after September 16, 2012, any request to add an inventor must be in the form of a request under 37 CFR 1.48.