Can the inventorship be changed when filing a CPA?

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) generally remains the same as in the prior application, but it can be changed under certain circumstances:

• The inventorship automatically carries over from the prior application unless a statement is filed requesting deletion of inventors
• Inventors can be deleted by filing a statement with the CPA request
• Adding new inventors requires a request under 37 CFR 1.48 after the CPA is filed

The MPEP states: 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.

For more information on patent applications, visit: patent applications.