How does the inventorship in a continuing application relate to the prior application?

The inventorship in a continuing application can be the same as or different from the prior application, depending on the circumstances:

1. For applications filed on or after September 16, 2012, the inventorship is determined by the application data sheet or the copy of the oath/declaration from the earlier-filed application.
2. If the continuing application names a new joint inventor, they must provide a new oath or declaration.

The MPEP states: 37 CFR 1.63(d)(2) provides that the inventorship of a continuing application filed under 35 U.S.C. 111(a) is the inventor or joint inventors specified in the application data sheet filed before or concurrently with the copy of the inventor’s oath or declaration from the earlier-filed application. If an application data sheet is not filed before or concurrently with the copy of the inventor’s oath or declaration from the earlier-filed application, the inventorship is the inventorship set forth in the copy of the inventor’s oath or declaration from the earlier-filed application, unless it is accompanied by a statement signed pursuant to 37 CFR 1.33(b) stating the name of each inventor in the continuing application.

For applications filed before September 16, 2012, different rules apply regarding the deletion or addition of inventors in continuing applications.

For more information on application data sheet, visit: application data sheet.

For more information on declaration, visit: declaration.

For more information on inventorship, visit: inventorship.

For more information on oath, visit: oath.