How should I handle changes in inventorship in a continuing application?

Handling changes in inventorship in a continuing application depends on the filing date of the application and the nature of the change. Here are the key points:

1. For applications filed on or after September 16, 2012:
   • Inventorship is determined by the Application Data Sheet (ADS) if filed before or with the oath/declaration copy.
   • If no ADS is filed, inventorship is based on the oath/declaration copy from the earlier application.
   • New joint inventors must provide a new oath or declaration.
2. For applications filed before September 16, 2012:
   • To remove an inventor, file a copy of the prior oath/declaration with a statement requesting deletion of the non-inventor’s name.
   • Alternatively, file a new oath/declaration with the correct inventive entity.
   • For continuation-in-part applications, a new oath/declaration is typically required.

According to MPEP 602.05(b): If an inventor named in a prior application is not an inventor in a continuation or divisional application filed under 37 CFR 1.53(b), the continuation or divisional application may either be filed (A) with a copy of an oath or declaration from a prior application and 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 continuation or divisional application, or (B) with a newly executed oath or declaration naming the correct inventive entity.

Always ensure compliance with the specific requirements based on your application’s filing date and type.

To learn more:

• inventorship changes
• continuing application
• oath
• declaration
• AIA
• pre-AIA