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 carries over from the prior application, unless specific steps are taken to change it. 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.
If an inventor needs to be added or deleted in a CPA after it has been filed, a request under 37 CFR 1.48 must be submitted, along with the required fee.
For more information on patent applications, visit: patent applications.