What happens if a new inventor is identified in a CPA for a design application?

If a new inventor is identified in a Continued Prosecution Application (CPA) for a design application, specific steps must be taken to properly add them to the application.

MPEP ¶ 2.33 states: “It is noted that [1] identified as a named inventor in the Continued Prosecution Application (CPA) filed under 37 CFR 1.53(d) on [2], but no request under 37 CFR 1.48, as is required, was filed to correct the inventorship.”

This means that simply naming a new inventor in the CPA filing is not sufficient. A formal request under 37 CFR 1.48 must be filed to correct the inventorship. Without this request, the inventorship will remain the same as in the prior application, regardless of any new names listed on the CPA filing.

For more information on CPA, visit: CPA.