What is the difference between deleting an inventor at CPA filing vs. after filing?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-09

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 process for deleting an inventor from a Continued Prosecution Application (CPA) differs depending on when the request is made:

  • At CPA Filing: You can submit a statement requesting the deletion of an inventor when filing the CPA. This is a straightforward process that doesn’t require additional paperwork.
  • After CPA Filing: If you need to delete an inventor after the CPA has been filed, you must follow a more formal procedure. The MPEP states:

    “Any request to delete a named inventor in a CPA filed after the CPA is filed must be accompanied by a request under 37 CFR 1.48.”

This means that post-filing inventor deletions require a formal request under 37 CFR 1.48, which typically involves additional documentation and potentially fees.

For more information on CPA, visit: CPA.

Topics: MPEP 200 – Types and Status of Application; Benefit and Priority MPEP 201 – Types of Applications Patent Law Patent Procedure
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