Patent Law FAQ

You should file a 37 CFR 1.48 request to correct inventorship in a Continued Prosecution Application (CPA) as soon as you realize there’s a need to add or remove an inventor. This should be done concurrently with or shortly after filing the CPA.

The MPEP ¶ 2.33 indicates:

Any request to add an inventor must be in the form of a request under 37 CFR 1.48.

It’s important to file this request promptly to ensure that the correct inventorship is recorded for your application. Failure to do so may result in the inventorship remaining the same as in the prior application, which could potentially affect the validity of your patent if granted.

For more information on continued prosecution application, visit: continued prosecution application.

For more information on CPA, visit: CPA.

For more information on inventorship, visit: inventorship.

You should file a 37 CFR 1.48 request for a Continued Prosecution Application (CPA) whenever you need to add, remove, or change the order of inventors from the original application.

The MPEP ¶ 2.33 indicates: Any request to add an inventor must be in the form of a request under 37 CFR 1.48. This applies even if you’ve identified the new inventor in the CPA filing documents.

It’s best to file the 37 CFR 1.48 request as soon as you realize there’s a need to correct the inventorship. This ensures that the correct inventors are associated with the application throughout the examination process.

For more information on continued prosecution application, visit: continued prosecution application.

For more information on CPA, visit: CPA.

For more information on inventorship, visit: inventorship.

The filing date of a Continued Prosecution Application (CPA) is significant for several reasons. In the context of inventorship, the MPEP ¶ 2.33 mentions:

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.

The filing date [2] is important because:

• It establishes the effective date for the CPA.
• It determines the timeline for filing certain documents, such as inventor oaths or declarations.
• It affects the calculation of patent term adjustment.
• It’s used as a reference point for determining whether changes to inventorship were properly requested.

Always keep the CPA filing date in mind when managing patent application procedures and deadlines.

For more information on CPA, visit: CPA.

For more information on inventorship, visit: inventorship.

The purpose of MPEP ¶ 2.33 is to provide guidance to patent examiners when they encounter a situation where a new inventor is identified in a Continued Prosecution Application (CPA) for design applications. It states:

Use this form paragraph where a request for a Continued Prosecution Application (CPA) identifies one or more inventors who were not named as inventors in the prior application on the filing date of the CPA.

This paragraph helps examiners address situations where applicants have named new inventors in a CPA without following the proper procedure. It reminds both examiners and applicants that a formal request under 37 CFR 1.48 is required to change inventorship, even in a CPA.

For more information on continued prosecution application, visit: continued prosecution application.

For more information on CPA, visit: CPA.

For more information on inventorship, visit: inventorship.

For more information on patent examination, visit: patent examination.

A Request to Delete a Named Inventor in a Continued Prosecution Application (CPA) for Design Applications is a procedure that allows for the correction of inventorship when filing a CPA. This request is specifically used to remove the name(s) of person(s) who are not inventors of the invention being claimed in the new application.

According to MPEP ¶ 2.32:

Receipt is acknowledged of the statement requesting that [1] be deleted as a named inventor which was filed with the Continued Prosecution Application (CPA) on [2]. The inventorship has been corrected as requested.

This paragraph confirms that the USPTO recognizes and processes such requests when submitted with a CPA filing.

For more information on continued prosecution application, visit: continued prosecution application.

For more information on CPA, visit: CPA.

For more information on design applications, visit: design applications.

For more information on inventorship, visit: inventorship.

For more information on patent examination, visit: patent examination.

When requesting to delete a named inventor in a Continued Prosecution Application (CPA) for a design patent, you should include specific information. According to MPEP ¶ 2.32, the request should contain:

1. A clear statement requesting the deletion of the inventor(s)
2. The name(s) of the inventor(s) to be deleted
3. The filing date of the CPA

The MPEP provides a template for acknowledging such requests:

Receipt is acknowledged of the statement requesting that [1] be deleted as a named inventor which was filed with the Continued Prosecution Application (CPA) on [2].

In this template, [1] represents the name(s) of the inventor(s) to be deleted, and [2] is the filing date of the CPA. Ensure your request clearly specifies these details to facilitate proper processing by the USPTO.

For more information on CPA, visit: CPA.

For more information on inventorship, visit: inventorship.

For more information on patent procedure, visit: patent procedure.

For more information on USPTO, visit: USPTO.

If you identify a new inventor in a Continued Prosecution Application (CPA) without filing a request under 37 CFR 1.48, the inventorship will not be officially changed. The MPEP clearly states: ‘It is noted that [new inventor] identified as a named inventor in the Continued Prosecution Application (CPA) filed under 37 CFR 1.53(d) on [filing date], but no request under 37 CFR 1.48, as is required, was filed to correct the inventorship.’ In such cases, the inventorship in the CPA will remain the same as in the prior application, despite the attempt to name a new inventor.

For more information on CPA, visit: CPA.

For more information on inventorship, visit: inventorship.

What happens if I file a provisional application with multiple inventors?

When filing a provisional application with multiple inventors, it’s important to note that:

• All inventors must be named in the application.
• Each inventor must sign an oath or declaration, either in the provisional application or in the later-filed nonprovisional application.
• The inventorship of the provisional application should match that of any subsequent nonprovisional application claiming benefit.

According to MPEP 201.04: “The inventorship of a provisional application is that inventorship set forth in the cover sheet as prescribed by 37 CFR 1.51(c)(1) filed with the provisional application.” This means that the cover sheet must accurately reflect all inventors involved in the invention described in the provisional application.

To learn more:

• provisional application
• multiple inventors
• inventorship
• cover sheet

If a new inventor is identified in a Continued Prosecution Application (CPA) without proper documentation, it can lead to issues with the application. The 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 if an examiner notices a new inventor listed on a CPA without the required request under 37 CFR 1.48, they will issue a notice to the applicant. The inventorship will remain the same as in the prior application until the proper request is filed and approved.

For more information on CPA, visit: CPA.

For more information on inventorship, visit: inventorship.

For more information on patent examination, visit: patent examination.

The inventorship requirements for claiming foreign priority are specific and important. Here are the key points:

• The U.S. and foreign applications must name the same inventor or have at least one joint inventor in common.
• Priority rights do not exist if the foreign and U.S. applications have completely different sole inventors.
• Joint inventors can each claim the benefit of their separately filed foreign applications.

The MPEP clarifies: Consistent with longstanding Office policy, this is interpreted to mean that the U.S. and foreign applications must name the same inventor or have at least one joint inventor in common. This requirement ensures a direct connection between the foreign priority application and the U.S. application claiming its benefit.

To learn more:

• inventorship
• foreign priority
• joint inventors
• patent application

The filing requirements for a divisional application under 37 CFR 1.53(b) are similar to those for a new nonprovisional application. According to the MPEP:

‘A continuation or divisional application may be filed under 35 U.S.C. 111(a) using the procedures set forth in 37 CFR 1.53(b), by providing: (1) a specification complying with 35 U.S.C. 112, including a claim or claims; (2) drawings, where necessary; and (3) the inventorship named on filing.’

Additionally, you must include:

• The appropriate filing fees
• An Application Data Sheet (ADS) specifying that the application is a divisional
• A proper benefit claim to the parent application

It’s important to note that while a new oath or declaration may not be required under 37 CFR 1.63(d), you must still comply with all other filing requirements.

For more information on Divisional application, visit: Divisional application.

For more information on drawings, visit: drawings.

For more information on filing requirements, visit: filing requirements.

For more information on inventorship, visit: inventorship.

All relevant information from MPEP ¶ 2.33 New Inventor Identified in CPA (for Design Applications) has been covered in the previous FAQs. No additional meaningful questions can be generated without redundancy.

For more information on CPA, visit: CPA.

For more information on design applications, visit: design applications.

For more information on inventorship, visit: inventorship.

For more information on patent examination, visit: patent examination.

Inventorship in a Continued Prosecution Application (CPA) is generally maintained from the prior application. However, if there’s a need to add or change inventors, specific procedures must be followed.

According to MPEP ¶ 2.33: “Any request to add an inventor must be in the form of a request under 37 CFR 1.48. Otherwise, the inventorship in the CPA shall be the same as in the prior application.”

This means that if you want to add or change inventors in a CPA, you must file a formal request under 37 CFR 1.48, which outlines the procedure for correction of inventorship in patent applications.

For more information on continued prosecution application, visit: continued prosecution application.

For more information on CPA, visit: CPA.

For more information on inventorship, visit: inventorship.

The inventorship requirements for continuation applications differ based on whether they were filed before or after September 16, 2012:

• For applications filed on or after September 16, 2012: The inventorship is determined by the information provided in the application data sheet (ADS) filed before or concurrently with the copy of the inventor’s oath or declaration from the earlier-filed application. If no ADS is filed, the inventorship is set by the copy of the inventor’s oath or declaration from the earlier-filed application, unless accompanied by a statement signed under 37 CFR 1.33(b) specifying the correct inventorship.
• For applications filed before September 16, 2012: The inventorship was generally set by the copy of the executed oath or declaration from the prior application, unless accompanied by a statement requesting deletion of the names of persons who are not inventors in the continuation application.

The MPEP states for post-AIA applications:

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.

These changes reflect the America Invents Act’s modifications to U.S. patent law, simplifying the process for correcting inventorship in many cases.

For more information on America Invents Act, visit: America Invents Act.

For more information on continuation application, visit: continuation application.

For more information on inventorship, visit: inventorship.

For more information on patent application requirements, visit: patent application requirements.

The inventorship of a divisional application must include at least one inventor named in the parent application, but it doesn’t have to be identical. The MPEP states:

The inventorship in the divisional application must include at least one inventor named in the prior-filed application, and the divisional application must claim the benefit of the prior-filed application under 35 U.S.C. 120, 121, 365(c), or 386(c).

If the divisional application is filed with fewer inventors than the parent application, a statement may be filed requesting deletion of the names of the additional inventors. For applications filed on or after September 16, 2012, the statement must be filed with the divisional application and signed by a party set forth in 37 CFR 1.33(b).

To learn more:

• divisional application
• inventorship
• patent application requirements

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.

The inventorship in a Continued Prosecution Application (CPA) is directly related to the parent application. As stated in MPEP 201.06(d):

‘The inventorship in a CPA filed under 37 CFR 1.53(d) is the same as in the prior application.’

This means that when you file a CPA, you are essentially continuing the same application with the same inventors. However, it’s important to note that if there are any changes to inventorship required, they must be made through the appropriate procedures, such as filing a request under 37 CFR 1.48. Any such changes should be made promptly to ensure the accuracy of the patent application.

For more information on continued prosecution application, visit: continued prosecution application.

For more information on CPA, visit: CPA.

For more information on inventorship, visit: inventorship.

For more information on parent application, visit: parent application.

Inventorship in a Continued Prosecution Application (CPA) generally carries over from the prior application, but there are some important considerations:

• The inventive entity of the CPA is automatically the same as the prior application unless a statement is filed requesting deletion of inventors
• A statement requesting deletion of inventors must be filed with the CPA request and signed by a person authorized under 37 CFR 1.33(b)
• New inventors cannot be added simply by naming them in the CPA transmittal letter or a new oath/declaration
• To add new inventors, a request under 37 CFR 1.48 must be filed, including the required fee

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 is named in the CPA who was not in the prior application, the examiner will notify the applicant using form paragraph 2.33:

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.

For more information on continued prosecution application, visit: continued prosecution application.

For more information on CPA, visit: CPA.

For more information on inventorship, visit: inventorship.

For more information on patent applications, visit: patent applications.

In a Continued Prosecution Application (CPA), the inventorship is typically the same as in the prior application. However, if a new inventor needs to be added, a specific process must be followed. According to MPEP ¶ 2.33:

Any request to add an inventor must be in the form of a request under 37 CFR 1.48. Otherwise, the inventorship in the CPA shall be the same as in the prior application.

This means that if you want to add a new inventor to a CPA, you must file a formal request under 37 CFR 1.48, which outlines the procedures for correcting or changing inventorship in patent applications.

For more information on CPA, visit: CPA.

For more information on inventorship, visit: inventorship.

Inventorship in a continuing application depends on the type of continuing application and when it was filed. Key points:

• For applications filed on or after September 16, 2012, the inventorship is initially the inventor(s) named in the application data sheet
• For earlier applications, the inventorship carries over from the parent application
• In a continuation or divisional, the inventorship must include at least one inventor named in the parent application
• In a continuation-in-part, new inventors can be added to cover new matter
• Inventorship can be corrected if needed using procedures under 37 CFR 1.48

For CPAs filed on or after September 16, 2012, the MPEP states: 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 the inventorship needs to be changed, a request under 37 CFR 1.48 must be filed.

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

For more information on continuing applications, visit: continuing applications.

For more information on inventorship, visit: inventorship.

The inventorship in a Continued Prosecution Application (CPA) generally remains the same as in the prior application. 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 changes to inventorship are needed, they must be made through a specific request under 37 CFR 1.48.

To learn more:

• CPA
• Inventorship
• Patent Application

When filing a Continued Prosecution Application (CPA) for a design patent, you can delete a named inventor by including a statement with your CPA filing. The MPEP ¶ 2.32 states:

Receipt is acknowledged of the statement requesting that [1] be deleted as a named inventor which was filed with the Continued Prosecution Application (CPA) on [2]. The inventorship has been corrected as requested.

This means you should provide a clear statement identifying the inventor(s) to be deleted when submitting your CPA. The USPTO will then acknowledge and process this request, correcting the inventorship accordingly.

For more information on CPA, visit: CPA.

For more information on design patents, visit: design patents.

For more information on inventorship, visit: inventorship.

For more information on patent procedure, visit: patent procedure.

Yes, the inventorship in a Continued Prosecution Application (CPA) can differ from the original application, but only if a proper request is filed and approved.

According to MPEP ¶ 2.33: Otherwise, the inventorship in the CPA shall be the same as in the prior application. This implies that changes to inventorship are possible, but they require specific action.

To change the inventorship, you must file a request under 37 CFR 1.48. This applies whether you’re adding, removing, or changing the order of inventors. Without this formal request, the inventorship will remain the same as in the original application, even if new inventors are listed on the CPA filing documents.

For more information on continued prosecution application, visit: continued prosecution application.

For more information on CPA, visit: CPA.

For more information on inventorship, visit: inventorship.

The MPEP ¶ 2.32 specifically addresses the process of deleting named inventors when filing a Continued Prosecution Application (CPA) for design patents. However, it does not explicitly mention adding or substituting inventors at the time of CPA filing.

If you need to add or substitute inventors, rather than just delete them, you should follow the general procedures for correction of inventorship outlined in 37 CFR 1.48. This regulation provides the requirements for adding, deleting, or substituting inventors in patent applications.

It’s advisable to consult with a patent attorney or contact the USPTO directly for guidance on the proper procedure for adding or substituting inventors when filing a CPA, as this may require additional documentation or fees beyond a simple deletion request.

For more information on CPA, visit: CPA.

For more information on inventorship, visit: inventorship.

For more information on patent procedure, visit: patent procedure.

For a valid foreign priority claim, the U.S. application must have at least one common inventor with the foreign application. This requirement ensures that the right of priority is only available to the actual inventors or their legal representatives.

As stated in MPEP 213.02: “Consistent with longstanding Office policy, this is interpreted to mean that the U.S. and foreign applications must name the same inventor or have at least one joint inventor in common.”

This means that:
1. A sole inventor in the U.S. can claim priority to a foreign application where they are the sole inventor or one of joint inventors.
2. Joint inventors in the U.S. can claim priority to a foreign application filed by any one or more of them.
3. A U.S. application cannot claim priority to a foreign application with completely different inventors.

It’s important to note that while the inventorship must overlap, it doesn’t have to be identical between the U.S. and foreign applications.

Yes, the inventorship in a continuation or continuation-in-part (CIP) application can differ from the parent application, but there are specific requirements:

1. For continuation applications: The inventorship must include at least one inventor named in the prior-filed application.

2. For CIP applications: The inventorship can change more significantly due to the addition of new matter.

The MPEP states for continuation applications: “The inventorship in the continuation application must include at least one inventor named in the prior-filed application.”

For CIP applications, the MPEP notes: “A continuation-in-part application that has a sole inventor may also derive from an earlier application that has joint inventors and discloses only a portion of the subject matter of the later application, subject to the conditions set forth in 35 U.S.C. 120 and 37 CFR 1.78. Subject to the same conditions, a continuation-in-part application that has joint inventors may derive from an earlier application that has a sole inventor.”

Any changes in inventorship must be properly documented and may require a request under 37 CFR 1.48.

You should file a 37 CFR 1.48 request to correct inventorship in a Continued Prosecution Application (CPA) as soon as you realize there’s a need to add or remove an inventor. This should be done concurrently with or shortly after filing the CPA.

The MPEP ¶ 2.33 indicates:

Any request to add an inventor must be in the form of a request under 37 CFR 1.48.

It’s important to file this request promptly to ensure that the correct inventorship is recorded for your application. Failure to do so may result in the inventorship remaining the same as in the prior application, which could potentially affect the validity of your patent if granted.

For more information on continued prosecution application, visit: continued prosecution application.

For more information on CPA, visit: CPA.

For more information on inventorship, visit: inventorship.

You should file a 37 CFR 1.48 request for a Continued Prosecution Application (CPA) whenever you need to add, remove, or change the order of inventors from the original application.

The MPEP ¶ 2.33 indicates: Any request to add an inventor must be in the form of a request under 37 CFR 1.48. This applies even if you’ve identified the new inventor in the CPA filing documents.

It’s best to file the 37 CFR 1.48 request as soon as you realize there’s a need to correct the inventorship. This ensures that the correct inventors are associated with the application throughout the examination process.

For more information on continued prosecution application, visit: continued prosecution application.

For more information on CPA, visit: CPA.

For more information on inventorship, visit: inventorship.

The filing date of a Continued Prosecution Application (CPA) is significant for several reasons. In the context of inventorship, the MPEP ¶ 2.33 mentions:

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.

The filing date [2] is important because:

• It establishes the effective date for the CPA.
• It determines the timeline for filing certain documents, such as inventor oaths or declarations.
• It affects the calculation of patent term adjustment.
• It’s used as a reference point for determining whether changes to inventorship were properly requested.

Always keep the CPA filing date in mind when managing patent application procedures and deadlines.

For more information on CPA, visit: CPA.

For more information on inventorship, visit: inventorship.

The purpose of MPEP ¶ 2.33 is to provide guidance to patent examiners when they encounter a situation where a new inventor is identified in a Continued Prosecution Application (CPA) for design applications. It states:

Use this form paragraph where a request for a Continued Prosecution Application (CPA) identifies one or more inventors who were not named as inventors in the prior application on the filing date of the CPA.

This paragraph helps examiners address situations where applicants have named new inventors in a CPA without following the proper procedure. It reminds both examiners and applicants that a formal request under 37 CFR 1.48 is required to change inventorship, even in a CPA.

For more information on continued prosecution application, visit: continued prosecution application.

For more information on CPA, visit: CPA.

For more information on inventorship, visit: inventorship.

For more information on patent examination, visit: patent examination.

A Request to Delete a Named Inventor in a Continued Prosecution Application (CPA) for Design Applications is a procedure that allows for the correction of inventorship when filing a CPA. This request is specifically used to remove the name(s) of person(s) who are not inventors of the invention being claimed in the new application.

According to MPEP ¶ 2.32:

Receipt is acknowledged of the statement requesting that [1] be deleted as a named inventor which was filed with the Continued Prosecution Application (CPA) on [2]. The inventorship has been corrected as requested.

This paragraph confirms that the USPTO recognizes and processes such requests when submitted with a CPA filing.

For more information on continued prosecution application, visit: continued prosecution application.

For more information on CPA, visit: CPA.

For more information on design applications, visit: design applications.

For more information on inventorship, visit: inventorship.

For more information on patent examination, visit: patent examination.

When requesting to delete a named inventor in a Continued Prosecution Application (CPA) for a design patent, you should include specific information. According to MPEP ¶ 2.32, the request should contain:

1. A clear statement requesting the deletion of the inventor(s)
2. The name(s) of the inventor(s) to be deleted
3. The filing date of the CPA

The MPEP provides a template for acknowledging such requests:

Receipt is acknowledged of the statement requesting that [1] be deleted as a named inventor which was filed with the Continued Prosecution Application (CPA) on [2].

In this template, [1] represents the name(s) of the inventor(s) to be deleted, and [2] is the filing date of the CPA. Ensure your request clearly specifies these details to facilitate proper processing by the USPTO.

For more information on CPA, visit: CPA.

For more information on inventorship, visit: inventorship.

For more information on patent procedure, visit: patent procedure.

For more information on USPTO, visit: USPTO.

If you identify a new inventor in a Continued Prosecution Application (CPA) without filing a request under 37 CFR 1.48, the inventorship will not be officially changed. The MPEP clearly states: ‘It is noted that [new inventor] identified as a named inventor in the Continued Prosecution Application (CPA) filed under 37 CFR 1.53(d) on [filing date], but no request under 37 CFR 1.48, as is required, was filed to correct the inventorship.’ In such cases, the inventorship in the CPA will remain the same as in the prior application, despite the attempt to name a new inventor.

For more information on CPA, visit: CPA.

For more information on inventorship, visit: inventorship.

If a new inventor is identified in a Continued Prosecution Application (CPA) without proper documentation, it can lead to issues with the application. The 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 if an examiner notices a new inventor listed on a CPA without the required request under 37 CFR 1.48, they will issue a notice to the applicant. The inventorship will remain the same as in the prior application until the proper request is filed and approved.

For more information on CPA, visit: CPA.

For more information on inventorship, visit: inventorship.

For more information on patent examination, visit: patent examination.

The filing requirements for a divisional application under 37 CFR 1.53(b) are similar to those for a new nonprovisional application. According to the MPEP:

‘A continuation or divisional application may be filed under 35 U.S.C. 111(a) using the procedures set forth in 37 CFR 1.53(b), by providing: (1) a specification complying with 35 U.S.C. 112, including a claim or claims; (2) drawings, where necessary; and (3) the inventorship named on filing.’

Additionally, you must include:

• The appropriate filing fees
• An Application Data Sheet (ADS) specifying that the application is a divisional
• A proper benefit claim to the parent application

It’s important to note that while a new oath or declaration may not be required under 37 CFR 1.63(d), you must still comply with all other filing requirements.

For more information on Divisional application, visit: Divisional application.

For more information on drawings, visit: drawings.

For more information on filing requirements, visit: filing requirements.

For more information on inventorship, visit: inventorship.

All relevant information from MPEP ¶ 2.33 New Inventor Identified in CPA (for Design Applications) has been covered in the previous FAQs. No additional meaningful questions can be generated without redundancy.

For more information on CPA, visit: CPA.

For more information on design applications, visit: design applications.

For more information on inventorship, visit: inventorship.

For more information on patent examination, visit: patent examination.

Inventorship in a Continued Prosecution Application (CPA) is generally maintained from the prior application. However, if there’s a need to add or change inventors, specific procedures must be followed.

According to MPEP ¶ 2.33: “Any request to add an inventor must be in the form of a request under 37 CFR 1.48. Otherwise, the inventorship in the CPA shall be the same as in the prior application.”

This means that if you want to add or change inventors in a CPA, you must file a formal request under 37 CFR 1.48, which outlines the procedure for correction of inventorship in patent applications.

For more information on continued prosecution application, visit: continued prosecution application.

For more information on CPA, visit: CPA.

For more information on inventorship, visit: inventorship.

The inventorship requirements for continuation applications differ based on whether they were filed before or after September 16, 2012:

• For applications filed on or after September 16, 2012: The inventorship is determined by the information provided in the application data sheet (ADS) filed before or concurrently with the copy of the inventor’s oath or declaration from the earlier-filed application. If no ADS is filed, the inventorship is set by the copy of the inventor’s oath or declaration from the earlier-filed application, unless accompanied by a statement signed under 37 CFR 1.33(b) specifying the correct inventorship.
• For applications filed before September 16, 2012: The inventorship was generally set by the copy of the executed oath or declaration from the prior application, unless accompanied by a statement requesting deletion of the names of persons who are not inventors in the continuation application.

The MPEP states for post-AIA applications:

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.

These changes reflect the America Invents Act’s modifications to U.S. patent law, simplifying the process for correcting inventorship in many cases.

For more information on America Invents Act, visit: America Invents Act.

For more information on continuation application, visit: continuation application.

For more information on inventorship, visit: inventorship.

For more information on patent application requirements, visit: patent application requirements.

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.

The inventorship in a Continued Prosecution Application (CPA) is directly related to the parent application. As stated in MPEP 201.06(d):

‘The inventorship in a CPA filed under 37 CFR 1.53(d) is the same as in the prior application.’

This means that when you file a CPA, you are essentially continuing the same application with the same inventors. However, it’s important to note that if there are any changes to inventorship required, they must be made through the appropriate procedures, such as filing a request under 37 CFR 1.48. Any such changes should be made promptly to ensure the accuracy of the patent application.

For more information on continued prosecution application, visit: continued prosecution application.

For more information on CPA, visit: CPA.

For more information on inventorship, visit: inventorship.

For more information on parent application, visit: parent application.

Inventorship in a Continued Prosecution Application (CPA) generally carries over from the prior application, but there are some important considerations:

• The inventive entity of the CPA is automatically the same as the prior application unless a statement is filed requesting deletion of inventors
• A statement requesting deletion of inventors must be filed with the CPA request and signed by a person authorized under 37 CFR 1.33(b)
• New inventors cannot be added simply by naming them in the CPA transmittal letter or a new oath/declaration
• To add new inventors, a request under 37 CFR 1.48 must be filed, including the required fee

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 is named in the CPA who was not in the prior application, the examiner will notify the applicant using form paragraph 2.33:

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.

For more information on continued prosecution application, visit: continued prosecution application.

For more information on CPA, visit: CPA.

For more information on inventorship, visit: inventorship.

For more information on patent applications, visit: patent applications.

In a Continued Prosecution Application (CPA), the inventorship is typically the same as in the prior application. However, if a new inventor needs to be added, a specific process must be followed. According to MPEP ¶ 2.33:

Any request to add an inventor must be in the form of a request under 37 CFR 1.48. Otherwise, the inventorship in the CPA shall be the same as in the prior application.

This means that if you want to add a new inventor to a CPA, you must file a formal request under 37 CFR 1.48, which outlines the procedures for correcting or changing inventorship in patent applications.

For more information on CPA, visit: CPA.

For more information on inventorship, visit: inventorship.

Inventorship in a continuing application depends on the type of continuing application and when it was filed. Key points:

• For applications filed on or after September 16, 2012, the inventorship is initially the inventor(s) named in the application data sheet
• For earlier applications, the inventorship carries over from the parent application
• In a continuation or divisional, the inventorship must include at least one inventor named in the parent application
• In a continuation-in-part, new inventors can be added to cover new matter
• Inventorship can be corrected if needed using procedures under 37 CFR 1.48

For CPAs filed on or after September 16, 2012, the MPEP states: 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 the inventorship needs to be changed, a request under 37 CFR 1.48 must be filed.

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

For more information on continuing applications, visit: continuing applications.

For more information on inventorship, visit: inventorship.

When filing a Continued Prosecution Application (CPA) for a design patent, you can delete a named inventor by including a statement with your CPA filing. The MPEP ¶ 2.32 states:

Receipt is acknowledged of the statement requesting that [1] be deleted as a named inventor which was filed with the Continued Prosecution Application (CPA) on [2]. The inventorship has been corrected as requested.

This means you should provide a clear statement identifying the inventor(s) to be deleted when submitting your CPA. The USPTO will then acknowledge and process this request, correcting the inventorship accordingly.

For more information on CPA, visit: CPA.

For more information on design patents, visit: design patents.

For more information on inventorship, visit: inventorship.

For more information on patent procedure, visit: patent procedure.

Yes, the inventorship in a Continued Prosecution Application (CPA) can differ from the original application, but only if a proper request is filed and approved.

According to MPEP ¶ 2.33: Otherwise, the inventorship in the CPA shall be the same as in the prior application. This implies that changes to inventorship are possible, but they require specific action.

To change the inventorship, you must file a request under 37 CFR 1.48. This applies whether you’re adding, removing, or changing the order of inventors. Without this formal request, the inventorship will remain the same as in the original application, even if new inventors are listed on the CPA filing documents.

For more information on continued prosecution application, visit: continued prosecution application.

For more information on CPA, visit: CPA.

For more information on inventorship, visit: inventorship.

Yes, the inventorship in a continuation or continuation-in-part (CIP) application can differ from the parent application, but there are specific requirements:

1. For continuation applications: The inventorship must include at least one inventor named in the prior-filed application.

2. For CIP applications: The inventorship can change more significantly due to the addition of new matter.

The MPEP states for continuation applications: “The inventorship in the continuation application must include at least one inventor named in the prior-filed application.”

For CIP applications, the MPEP notes: “A continuation-in-part application that has a sole inventor may also derive from an earlier application that has joint inventors and discloses only a portion of the subject matter of the later application, subject to the conditions set forth in 35 U.S.C. 120 and 37 CFR 1.78. Subject to the same conditions, a continuation-in-part application that has joint inventors may derive from an earlier application that has a sole inventor.”

Any changes in inventorship must be properly documented and may require a request under 37 CFR 1.48.

The MPEP ¶ 2.32 specifically addresses the process of deleting named inventors when filing a Continued Prosecution Application (CPA) for design patents. However, it does not explicitly mention adding or substituting inventors at the time of CPA filing.

If you need to add or substitute inventors, rather than just delete them, you should follow the general procedures for correction of inventorship outlined in 37 CFR 1.48. This regulation provides the requirements for adding, deleting, or substituting inventors in patent applications.

It’s advisable to consult with a patent attorney or contact the USPTO directly for guidance on the proper procedure for adding or substituting inventors when filing a CPA, as this may require additional documentation or fees beyond a simple deletion request.

For more information on CPA, visit: CPA.

For more information on inventorship, visit: inventorship.

For more information on patent procedure, visit: patent procedure.

For a valid foreign priority claim, the U.S. application must have at least one common inventor with the foreign application. This requirement ensures that the right of priority is only available to the actual inventors or their legal representatives.

As stated in MPEP 213.02: “Consistent with longstanding Office policy, this is interpreted to mean that the U.S. and foreign applications must name the same inventor or have at least one joint inventor in common.”

This means that:
1. A sole inventor in the U.S. can claim priority to a foreign application where they are the sole inventor or one of joint inventors.
2. Joint inventors in the U.S. can claim priority to a foreign application filed by any one or more of them.
3. A U.S. application cannot claim priority to a foreign application with completely different inventors.

It’s important to note that while the inventorship must overlap, it doesn’t have to be identical between the U.S. and foreign applications.

You should file a 37 CFR 1.48 request to correct inventorship in a Continued Prosecution Application (CPA) as soon as you realize there’s a need to add or remove an inventor. This should be done concurrently with or shortly after filing the CPA.

The MPEP ¶ 2.33 indicates:

Any request to add an inventor must be in the form of a request under 37 CFR 1.48.

It’s important to file this request promptly to ensure that the correct inventorship is recorded for your application. Failure to do so may result in the inventorship remaining the same as in the prior application, which could potentially affect the validity of your patent if granted.

For more information on continued prosecution application, visit: continued prosecution application.

For more information on CPA, visit: CPA.

For more information on inventorship, visit: inventorship.

You should file a 37 CFR 1.48 request for a Continued Prosecution Application (CPA) whenever you need to add, remove, or change the order of inventors from the original application.

The MPEP ¶ 2.33 indicates: Any request to add an inventor must be in the form of a request under 37 CFR 1.48. This applies even if you’ve identified the new inventor in the CPA filing documents.

It’s best to file the 37 CFR 1.48 request as soon as you realize there’s a need to correct the inventorship. This ensures that the correct inventors are associated with the application throughout the examination process.

For more information on continued prosecution application, visit: continued prosecution application.

For more information on CPA, visit: CPA.

For more information on inventorship, visit: inventorship.

A new oath or declaration is required in a patent application under the following circumstances:

• When filing a continuation or divisional application
• When filing a continuation-in-part application
• To correct inventorship in an application
• When the original oath or declaration was defective

According to MPEP 602.02: ‘A new oath or declaration is required in a continuation or divisional application filed under 37 CFR 1.53(b) or in a continuation-in-part application.’ Additionally, the MPEP states that ‘A new oath or declaration in compliance with 37 CFR 1.63 or 1.67 is required in a continuation or divisional application filed under 37 CFR 1.53(b), regardless of whether a copy of the oath or declaration from the prior application is submitted.’

To learn more:

• oath
• declaration
• continuation application
• divisional application
• continuation-in-part application
• inventorship

The filing date of a Continued Prosecution Application (CPA) is significant for several reasons. In the context of inventorship, the MPEP ¶ 2.33 mentions:

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.

The filing date [2] is important because:

• It establishes the effective date for the CPA.
• It determines the timeline for filing certain documents, such as inventor oaths or declarations.
• It affects the calculation of patent term adjustment.
• It’s used as a reference point for determining whether changes to inventorship were properly requested.

Always keep the CPA filing date in mind when managing patent application procedures and deadlines.

For more information on CPA, visit: CPA.

For more information on inventorship, visit: inventorship.

For a valid foreign priority claim, the U.S. application must have at least one common inventor with the foreign application. This requirement ensures that the right of priority is only available to the actual inventors or their legal representatives.

As stated in MPEP 213.02: “Consistent with longstanding Office policy, this is interpreted to mean that the U.S. and foreign applications must name the same inventor or have at least one joint inventor in common.”

This means that:
1. A sole inventor in the U.S. can claim priority to a foreign application where they are the sole inventor or one of joint inventors.
2. Joint inventors in the U.S. can claim priority to a foreign application filed by any one or more of them.
3. A U.S. application cannot claim priority to a foreign application with completely different inventors.

It’s important to note that while the inventorship must overlap, it doesn’t have to be identical between the U.S. and foreign applications.

The purpose of MPEP ¶ 2.33 is to provide guidance to patent examiners when they encounter a situation where a new inventor is identified in a Continued Prosecution Application (CPA) for design applications. It states:

Use this form paragraph where a request for a Continued Prosecution Application (CPA) identifies one or more inventors who were not named as inventors in the prior application on the filing date of the CPA.

This paragraph helps examiners address situations where applicants have named new inventors in a CPA without following the proper procedure. It reminds both examiners and applicants that a formal request under 37 CFR 1.48 is required to change inventorship, even in a CPA.

For more information on continued prosecution application, visit: continued prosecution application.

For more information on CPA, visit: CPA.

For more information on inventorship, visit: inventorship.

For more information on patent examination, visit: patent examination.

A Request to Delete a Named Inventor in a Continued Prosecution Application (CPA) for Design Applications is a procedure that allows for the correction of inventorship when filing a CPA. This request is specifically used to remove the name(s) of person(s) who are not inventors of the invention being claimed in the new application.

According to MPEP ¶ 2.32:

Receipt is acknowledged of the statement requesting that [1] be deleted as a named inventor which was filed with the Continued Prosecution Application (CPA) on [2]. The inventorship has been corrected as requested.

This paragraph confirms that the USPTO recognizes and processes such requests when submitted with a CPA filing.

For more information on continued prosecution application, visit: continued prosecution application.

For more information on CPA, visit: CPA.

For more information on design applications, visit: design applications.

For more information on inventorship, visit: inventorship.

For more information on patent examination, visit: patent examination.

When requesting to delete a named inventor in a Continued Prosecution Application (CPA) for a design patent, you should include specific information. According to MPEP ¶ 2.32, the request should contain:

1. A clear statement requesting the deletion of the inventor(s)
2. The name(s) of the inventor(s) to be deleted
3. The filing date of the CPA

The MPEP provides a template for acknowledging such requests:

Receipt is acknowledged of the statement requesting that [1] be deleted as a named inventor which was filed with the Continued Prosecution Application (CPA) on [2].

In this template, [1] represents the name(s) of the inventor(s) to be deleted, and [2] is the filing date of the CPA. Ensure your request clearly specifies these details to facilitate proper processing by the USPTO.

For more information on CPA, visit: CPA.

For more information on inventorship, visit: inventorship.

For more information on patent procedure, visit: patent procedure.

For more information on USPTO, visit: USPTO.

What happens if there are inconsistencies between an ADS and other documents?

When inconsistencies exist between an Application Data Sheet (ADS) and other documents, the ADS generally takes precedence. According to MPEP 601.05:

“If an ADS is inconsistent with the information provided in another document that was submitted at the same time or previous to the ADS submission, the ADS will control.”

However, there are exceptions to this rule:

• For inventorship, the most recent submission will control.
• For foreign priority and domestic benefit claims, the most recent submission will control, provided it was timely filed.

It’s crucial to ensure all information in the ADS is accurate to avoid potential issues later in the application process.

To learn more:

• ADS
• inconsistencies
• document precedence
• inventorship
• priority claims

If you identify a new inventor in a Continued Prosecution Application (CPA) without filing a request under 37 CFR 1.48, the inventorship will not be officially changed. The MPEP clearly states: ‘It is noted that [new inventor] identified as a named inventor in the Continued Prosecution Application (CPA) filed under 37 CFR 1.53(d) on [filing date], but no request under 37 CFR 1.48, as is required, was filed to correct the inventorship.’ In such cases, the inventorship in the CPA will remain the same as in the prior application, despite the attempt to name a new inventor.

For more information on CPA, visit: CPA.

For more information on inventorship, visit: inventorship.

What happens if I file a provisional application with multiple inventors?

When filing a provisional application with multiple inventors, it’s important to note that:

• All inventors must be named in the application.
• Each inventor must sign an oath or declaration, either in the provisional application or in the later-filed nonprovisional application.
• The inventorship of the provisional application should match that of any subsequent nonprovisional application claiming benefit.

According to MPEP 201.04: “The inventorship of a provisional application is that inventorship set forth in the cover sheet as prescribed by 37 CFR 1.51(c)(1) filed with the provisional application.” This means that the cover sheet must accurately reflect all inventors involved in the invention described in the provisional application.

To learn more:

• provisional application
• multiple inventors
• inventorship
• cover sheet

If a new inventor is identified in a Continued Prosecution Application (CPA) without proper documentation, it can lead to issues with the application. The 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 if an examiner notices a new inventor listed on a CPA without the required request under 37 CFR 1.48, they will issue a notice to the applicant. The inventorship will remain the same as in the prior application until the proper request is filed and approved.

For more information on CPA, visit: CPA.

For more information on inventorship, visit: inventorship.

For more information on patent examination, visit: patent examination.

The inventorship requirements for claiming foreign priority are specific and important. Here are the key points:

• The U.S. and foreign applications must name the same inventor or have at least one joint inventor in common.
• Priority rights do not exist if the foreign and U.S. applications have completely different sole inventors.
• Joint inventors can each claim the benefit of their separately filed foreign applications.

The MPEP clarifies: Consistent with longstanding Office policy, this is interpreted to mean that the U.S. and foreign applications must name the same inventor or have at least one joint inventor in common. This requirement ensures a direct connection between the foreign priority application and the U.S. application claiming its benefit.

To learn more:

• inventorship
• foreign priority
• joint inventors
• patent application

The filing requirements for a divisional application under 37 CFR 1.53(b) are similar to those for a new nonprovisional application. According to the MPEP:

‘A continuation or divisional application may be filed under 35 U.S.C. 111(a) using the procedures set forth in 37 CFR 1.53(b), by providing: (1) a specification complying with 35 U.S.C. 112, including a claim or claims; (2) drawings, where necessary; and (3) the inventorship named on filing.’

Additionally, you must include:

• The appropriate filing fees
• An Application Data Sheet (ADS) specifying that the application is a divisional
• A proper benefit claim to the parent application

It’s important to note that while a new oath or declaration may not be required under 37 CFR 1.63(d), you must still comply with all other filing requirements.

For more information on Divisional application, visit: Divisional application.

For more information on drawings, visit: drawings.

For more information on filing requirements, visit: filing requirements.

For more information on inventorship, visit: inventorship.

All relevant information from MPEP ¶ 2.33 New Inventor Identified in CPA (for Design Applications) has been covered in the previous FAQs. No additional meaningful questions can be generated without redundancy.

For more information on CPA, visit: CPA.

For more information on design applications, visit: design applications.

For more information on inventorship, visit: inventorship.

For more information on patent examination, visit: patent examination.

How should inventorship be determined for a patent application?

Determining inventorship for a patent application is a critical step that requires careful consideration. Here’s how it should be approached:

• Inventorship is determined based on the subject matter of the claims.
• Each person who contributed to the conception of at least one claim should be listed as an inventor.
• Merely following instructions or assisting in reduction to practice does not qualify one as an inventor.

The MPEP 2137 states:

“The threshold question in determining inventorship is who conceived the invention. Unless a person contributes to the conception of the invention, he is not an inventor.”

It’s important to note that inventorship can change during the prosecution of the application if claims are amended or canceled. Applicants should consult with a patent attorney to ensure proper determination of inventorship.

To learn more:

• inventorship
• patent application
• inventor determination
• conception of invention

Inventorship in a Continued Prosecution Application (CPA) is generally maintained from the prior application. However, if there’s a need to add or change inventors, specific procedures must be followed.

According to MPEP ¶ 2.33: “Any request to add an inventor must be in the form of a request under 37 CFR 1.48. Otherwise, the inventorship in the CPA shall be the same as in the prior application.”

This means that if you want to add or change inventors in a CPA, you must file a formal request under 37 CFR 1.48, which outlines the procedure for correction of inventorship in patent applications.

For more information on continued prosecution application, visit: continued prosecution application.

For more information on CPA, visit: CPA.

For more information on inventorship, visit: inventorship.

For continuing applications filed on or after September 16, 2012, inventorship is determined as follows:

1. If an application data sheet (ADS) is filed before or concurrently with the copy of the inventor’s oath or declaration from the earlier-filed application, the inventorship is specified in the ADS.
2. If no ADS is filed before or concurrently with the copy of the inventor’s oath or declaration, the inventorship is set forth in the copy of the inventor’s oath or declaration from the earlier-filed application.
3. If there’s no ADS and the copy of the oath or declaration is accompanied by a signed statement pursuant to 37 CFR 1.33(b), the inventorship is as stated in that signed statement.

According to MPEP 602.05(a): For continuing applications filed on or after September 16, 2012 under 37 CFR 1.53(b), the inventorship 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 signed statement pursuant to 37 CFR 1.33(b) that states the name of each inventor in the continuing application.

Any new joint inventor named in the continuing application must provide an oath or declaration in compliance with 37 CFR 1.63, except as provided in 37 CFR 1.64.

To learn more:

• inventorship
• continuing application
• application data sheet
• AIA
• post-AIA

The inventorship requirements for continuation applications differ based on whether they were filed before or after September 16, 2012:

• For applications filed on or after September 16, 2012: The inventorship is determined by the information provided in the application data sheet (ADS) filed before or concurrently with the copy of the inventor’s oath or declaration from the earlier-filed application. If no ADS is filed, the inventorship is set by the copy of the inventor’s oath or declaration from the earlier-filed application, unless accompanied by a statement signed under 37 CFR 1.33(b) specifying the correct inventorship.
• For applications filed before September 16, 2012: The inventorship was generally set by the copy of the executed oath or declaration from the prior application, unless accompanied by a statement requesting deletion of the names of persons who are not inventors in the continuation application.

The MPEP states for post-AIA applications:

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.

These changes reflect the America Invents Act’s modifications to U.S. patent law, simplifying the process for correcting inventorship in many cases.

For more information on America Invents Act, visit: America Invents Act.

For more information on continuation application, visit: continuation application.

For more information on inventorship, visit: inventorship.

For more information on patent application requirements, visit: patent application requirements.

The inventorship of an international application entering the national stage under 35 U.S.C. 371 is determined according to 37 CFR 1.41(e), which states:

The inventorship of an international application entering the national stage under 35 U.S.C. 371 is the inventor or joint inventors set forth in the application data sheet in accordance with § 1.76 filed with the initial submission under 35 U.S.C. 371.

This means that applicants can change inventorship as to the U.S. at the time of national stage entry by simply filing an application data sheet naming the inventor or joint inventors with the initial submission under 35 U.S.C. 371.

If no application data sheet is provided, the inventorship is the inventor or joint inventors set forth in the international application, including any changes made under PCT Rule 92bis. It’s important to note that 37 CFR 1.41(e) does not allow naming inventors via the inventor’s oath or declaration if an application data sheet is not provided.

To learn more:

• International application
• National stage entry
• Inventorship
• Application data sheet

The inventorship of a divisional application must include at least one inventor named in the parent application, but it doesn’t have to be identical. The MPEP states:

The inventorship in the divisional application must include at least one inventor named in the prior-filed application, and the divisional application must claim the benefit of the prior-filed application under 35 U.S.C. 120, 121, 365(c), or 386(c).

If the divisional application is filed with fewer inventors than the parent application, a statement may be filed requesting deletion of the names of the additional inventors. For applications filed on or after September 16, 2012, the statement must be filed with the divisional application and signed by a party set forth in 37 CFR 1.33(b).

To learn more:

• divisional application
• inventorship
• patent application requirements

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.

The inventorship in a Continued Prosecution Application (CPA) is directly related to the parent application. As stated in MPEP 201.06(d):

‘The inventorship in a CPA filed under 37 CFR 1.53(d) is the same as in the prior application.’

This means that when you file a CPA, you are essentially continuing the same application with the same inventors. However, it’s important to note that if there are any changes to inventorship required, they must be made through the appropriate procedures, such as filing a request under 37 CFR 1.48. Any such changes should be made promptly to ensure the accuracy of the patent application.

For more information on continued prosecution application, visit: continued prosecution application.

For more information on CPA, visit: CPA.

For more information on inventorship, visit: inventorship.

For more information on parent application, visit: parent application.

The Application Data Sheet (ADS) plays an important role in establishing and changing inventorship in patent applications:

• The ADS should include inventor information, including legal name, residence, and mailing address of each inventor.
• The naming of inventorship is governed by 37 CFR 1.41.
• Changes to inventorship or the names of inventors are governed by 37 CFR 1.48.
• In case of inconsistencies, the most recent submission will generally govern, except for inventorship issues.

37 CFR 1.76(d)(1) states: “The naming of the inventorship is governed by § 1.41 and changes to inventorship or the names of the inventors is governed by § 1.48.”

It’s important to note that while the ADS is used to provide inventor information, any changes to inventorship must comply with the specific requirements of 37 CFR 1.48, which may require additional documentation beyond just updating the ADS.

To learn more:

• ADS
• Application Data Sheet
• inventorship
• patent application
• inventor information

Inventorship in a Continued Prosecution Application (CPA) generally carries over from the prior application, but there are some important considerations:

• The inventive entity of the CPA is automatically the same as the prior application unless a statement is filed requesting deletion of inventors
• A statement requesting deletion of inventors must be filed with the CPA request and signed by a person authorized under 37 CFR 1.33(b)
• New inventors cannot be added simply by naming them in the CPA transmittal letter or a new oath/declaration
• To add new inventors, a request under 37 CFR 1.48 must be filed, including the required fee

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 is named in the CPA who was not in the prior application, the examiner will notify the applicant using form paragraph 2.33:

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.

For more information on continued prosecution application, visit: continued prosecution application.

For more information on CPA, visit: CPA.

For more information on inventorship, visit: inventorship.

For more information on patent applications, visit: patent applications.

In a Continued Prosecution Application (CPA), the inventorship is typically the same as in the prior application. However, if a new inventor needs to be added, a specific process must be followed. According to MPEP ¶ 2.33:

Any request to add an inventor must be in the form of a request under 37 CFR 1.48. Otherwise, the inventorship in the CPA shall be the same as in the prior application.

This means that if you want to add a new inventor to a CPA, you must file a formal request under 37 CFR 1.48, which outlines the procedures for correcting or changing inventorship in patent applications.

For more information on CPA, visit: CPA.

For more information on inventorship, visit: inventorship.

Inventorship in a continuing application depends on the type of continuing application and when it was filed. Key points:

• For applications filed on or after September 16, 2012, the inventorship is initially the inventor(s) named in the application data sheet
• For earlier applications, the inventorship carries over from the parent application
• In a continuation or divisional, the inventorship must include at least one inventor named in the parent application
• In a continuation-in-part, new inventors can be added to cover new matter
• Inventorship can be corrected if needed using procedures under 37 CFR 1.48

For CPAs filed on or after September 16, 2012, the MPEP states: 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 the inventorship needs to be changed, a request under 37 CFR 1.48 must be filed.

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

For more information on continuing applications, visit: continuing applications.

For more information on inventorship, visit: inventorship.

The Application Data Sheet (ADS) plays a crucial role in naming inventors for patent applications filed on or after September 16, 2012. According to MPEP 601.05(a):

“The naming of the inventors in the application data sheet is the naming of the actual inventors of the subject matter of the application. The inventorship determined from the application data sheet will be used as the inventorship on the patent if the application is granted as a patent.”

This means that the ADS serves as the official document for declaring inventorship. It’s important to note that:

• The ADS replaces the need for a separate inventor’s oath or declaration for naming inventors
• Any changes to inventorship after filing must be done through a proper request under 37 CFR 1.48
• Accuracy in naming inventors is crucial, as incorrect inventorship can affect the validity of the patent

Applicants should ensure that the inventorship information in the ADS is complete and accurate at the time of filing to avoid potential complications later in the patent process.

To learn more:

• ADS
• Application Data Sheet
• inventorship
• patent application

The inventorship in a Continued Prosecution Application (CPA) generally remains the same as in the prior application. 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 changes to inventorship are needed, they must be made through a specific request under 37 CFR 1.48.

To learn more:

• CPA
• Inventorship
• Patent Application

Inventorship in a patent application can be corrected through the following methods:

1. Filing a request under 37 CFR 1.48 to correct or change inventorship. For applications filed on or after September 16, 2012, this request should include:
   • An application data sheet (ADS) identifying each inventor by their legal name
   • The processing fee set forth in 37 CFR 1.17(i)
   • An oath or declaration for any new inventor who has not yet executed such a document
2. Filing a continuing application under 37 CFR 1.53 with the correct inventorship

The method chosen may depend on the specific circumstances and timing of the correction. It’s important to note that inventorship corrections should be made promptly once an error is discovered, as timeliness requirements under 37 CFR 1.116 and 37 CFR 1.312 apply.

To learn more:

• Inventorship correction
• Patent application
• Continuing application
• Application data sheet

To learn more:

• correction
• 37 CFR 1.48

When filing a Continued Prosecution Application (CPA) for a design patent, you can delete a named inventor by including a statement with your CPA filing. The MPEP ¶ 2.32 states:

Receipt is acknowledged of the statement requesting that [1] be deleted as a named inventor which was filed with the Continued Prosecution Application (CPA) on [2]. The inventorship has been corrected as requested.

This means you should provide a clear statement identifying the inventor(s) to be deleted when submitting your CPA. The USPTO will then acknowledge and process this request, correcting the inventorship accordingly.

For more information on CPA, visit: CPA.

For more information on design patents, visit: design patents.

For more information on inventorship, visit: inventorship.

For more information on patent procedure, visit: patent procedure.

Yes, the inventorship in a Continued Prosecution Application (CPA) can differ from the original application, but only if a proper request is filed and approved.

According to MPEP ¶ 2.33: Otherwise, the inventorship in the CPA shall be the same as in the prior application. This implies that changes to inventorship are possible, but they require specific action.

To change the inventorship, you must file a request under 37 CFR 1.48. This applies whether you’re adding, removing, or changing the order of inventors. Without this formal request, the inventorship will remain the same as in the original application, even if new inventors are listed on the CPA filing documents.

For more information on continued prosecution application, visit: continued prosecution application.

For more information on CPA, visit: CPA.

For more information on inventorship, visit: inventorship.

Yes, the inventorship in a continuation or continuation-in-part (CIP) application can differ from the parent application, but there are specific requirements:

1. For continuation applications: The inventorship must include at least one inventor named in the prior-filed application.

2. For CIP applications: The inventorship can change more significantly due to the addition of new matter.

The MPEP states for continuation applications: “The inventorship in the continuation application must include at least one inventor named in the prior-filed application.”

For CIP applications, the MPEP notes: “A continuation-in-part application that has a sole inventor may also derive from an earlier application that has joint inventors and discloses only a portion of the subject matter of the later application, subject to the conditions set forth in 35 U.S.C. 120 and 37 CFR 1.78. Subject to the same conditions, a continuation-in-part application that has joint inventors may derive from an earlier application that has a sole inventor.”

Any changes in inventorship must be properly documented and may require a request under 37 CFR 1.48.

The MPEP ¶ 2.32 specifically addresses the process of deleting named inventors when filing a Continued Prosecution Application (CPA) for design patents. However, it does not explicitly mention adding or substituting inventors at the time of CPA filing.

If you need to add or substitute inventors, rather than just delete them, you should follow the general procedures for correction of inventorship outlined in 37 CFR 1.48. This regulation provides the requirements for adding, deleting, or substituting inventors in patent applications.

It’s advisable to consult with a patent attorney or contact the USPTO directly for guidance on the proper procedure for adding or substituting inventors when filing a CPA, as this may require additional documentation or fees beyond a simple deletion request.

For more information on CPA, visit: CPA.

For more information on inventorship, visit: inventorship.

For more information on patent procedure, visit: patent procedure.

You should file a 37 CFR 1.48 request to correct inventorship in a Continued Prosecution Application (CPA) as soon as you realize there’s a need to add or remove an inventor. This should be done concurrently with or shortly after filing the CPA.

The MPEP ¶ 2.33 indicates:

Any request to add an inventor must be in the form of a request under 37 CFR 1.48.

It’s important to file this request promptly to ensure that the correct inventorship is recorded for your application. Failure to do so may result in the inventorship remaining the same as in the prior application, which could potentially affect the validity of your patent if granted.

For more information on continued prosecution application, visit: continued prosecution application.

For more information on CPA, visit: CPA.

For more information on inventorship, visit: inventorship.

You should file a 37 CFR 1.48 request for a Continued Prosecution Application (CPA) whenever you need to add, remove, or change the order of inventors from the original application.

The MPEP ¶ 2.33 indicates: Any request to add an inventor must be in the form of a request under 37 CFR 1.48. This applies even if you’ve identified the new inventor in the CPA filing documents.

It’s best to file the 37 CFR 1.48 request as soon as you realize there’s a need to correct the inventorship. This ensures that the correct inventors are associated with the application throughout the examination process.

For more information on continued prosecution application, visit: continued prosecution application.

For more information on CPA, visit: CPA.

For more information on inventorship, visit: inventorship.

A new oath or declaration is required in a patent application under the following circumstances:

• When filing a continuation or divisional application
• When filing a continuation-in-part application
• To correct inventorship in an application
• When the original oath or declaration was defective

According to MPEP 602.02: ‘A new oath or declaration is required in a continuation or divisional application filed under 37 CFR 1.53(b) or in a continuation-in-part application.’ Additionally, the MPEP states that ‘A new oath or declaration in compliance with 37 CFR 1.63 or 1.67 is required in a continuation or divisional application filed under 37 CFR 1.53(b), regardless of whether a copy of the oath or declaration from the prior application is submitted.’

To learn more:

• oath
• declaration
• continuation application
• divisional application
• continuation-in-part application
• inventorship

The filing date of a Continued Prosecution Application (CPA) is significant for several reasons. In the context of inventorship, the MPEP ¶ 2.33 mentions:

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.

The filing date [2] is important because:

• It establishes the effective date for the CPA.
• It determines the timeline for filing certain documents, such as inventor oaths or declarations.
• It affects the calculation of patent term adjustment.
• It’s used as a reference point for determining whether changes to inventorship were properly requested.

Always keep the CPA filing date in mind when managing patent application procedures and deadlines.

For more information on CPA, visit: CPA.

For more information on inventorship, visit: inventorship.

For a valid foreign priority claim, the U.S. application must have at least one common inventor with the foreign application. This requirement ensures that the right of priority is only available to the actual inventors or their legal representatives.

As stated in MPEP 213.02: “Consistent with longstanding Office policy, this is interpreted to mean that the U.S. and foreign applications must name the same inventor or have at least one joint inventor in common.”

This means that:
1. A sole inventor in the U.S. can claim priority to a foreign application where they are the sole inventor or one of joint inventors.
2. Joint inventors in the U.S. can claim priority to a foreign application filed by any one or more of them.
3. A U.S. application cannot claim priority to a foreign application with completely different inventors.

It’s important to note that while the inventorship must overlap, it doesn’t have to be identical between the U.S. and foreign applications.

The purpose of MPEP ¶ 2.33 is to provide guidance to patent examiners when they encounter a situation where a new inventor is identified in a Continued Prosecution Application (CPA) for design applications. It states:

Use this form paragraph where a request for a Continued Prosecution Application (CPA) identifies one or more inventors who were not named as inventors in the prior application on the filing date of the CPA.

This paragraph helps examiners address situations where applicants have named new inventors in a CPA without following the proper procedure. It reminds both examiners and applicants that a formal request under 37 CFR 1.48 is required to change inventorship, even in a CPA.

For more information on continued prosecution application, visit: continued prosecution application.

For more information on CPA, visit: CPA.

For more information on inventorship, visit: inventorship.

For more information on patent examination, visit: patent examination.

A Request to Delete a Named Inventor in a Continued Prosecution Application (CPA) for Design Applications is a procedure that allows for the correction of inventorship when filing a CPA. This request is specifically used to remove the name(s) of person(s) who are not inventors of the invention being claimed in the new application.

According to MPEP ¶ 2.32:

Receipt is acknowledged of the statement requesting that [1] be deleted as a named inventor which was filed with the Continued Prosecution Application (CPA) on [2]. The inventorship has been corrected as requested.

This paragraph confirms that the USPTO recognizes and processes such requests when submitted with a CPA filing.

For more information on continued prosecution application, visit: continued prosecution application.

For more information on CPA, visit: CPA.

For more information on design applications, visit: design applications.

For more information on inventorship, visit: inventorship.

For more information on patent examination, visit: patent examination.

When requesting to delete a named inventor in a Continued Prosecution Application (CPA) for a design patent, you should include specific information. According to MPEP ¶ 2.32, the request should contain:

1. A clear statement requesting the deletion of the inventor(s)
2. The name(s) of the inventor(s) to be deleted
3. The filing date of the CPA

The MPEP provides a template for acknowledging such requests:

Receipt is acknowledged of the statement requesting that [1] be deleted as a named inventor which was filed with the Continued Prosecution Application (CPA) on [2].

In this template, [1] represents the name(s) of the inventor(s) to be deleted, and [2] is the filing date of the CPA. Ensure your request clearly specifies these details to facilitate proper processing by the USPTO.

For more information on CPA, visit: CPA.

For more information on inventorship, visit: inventorship.

For more information on patent procedure, visit: patent procedure.

For more information on USPTO, visit: USPTO.

What happens if there are inconsistencies between an ADS and other documents?

When inconsistencies exist between an Application Data Sheet (ADS) and other documents, the ADS generally takes precedence. According to MPEP 601.05:

“If an ADS is inconsistent with the information provided in another document that was submitted at the same time or previous to the ADS submission, the ADS will control.”

However, there are exceptions to this rule:

• For inventorship, the most recent submission will control.
• For foreign priority and domestic benefit claims, the most recent submission will control, provided it was timely filed.

It’s crucial to ensure all information in the ADS is accurate to avoid potential issues later in the application process.

To learn more:

• ADS
• inconsistencies
• document precedence
• inventorship
• priority claims

If you identify a new inventor in a Continued Prosecution Application (CPA) without filing a request under 37 CFR 1.48, the inventorship will not be officially changed. The MPEP clearly states: ‘It is noted that [new inventor] identified as a named inventor in the Continued Prosecution Application (CPA) filed under 37 CFR 1.53(d) on [filing date], but no request under 37 CFR 1.48, as is required, was filed to correct the inventorship.’ In such cases, the inventorship in the CPA will remain the same as in the prior application, despite the attempt to name a new inventor.

For more information on CPA, visit: CPA.

For more information on inventorship, visit: inventorship.

What happens if I file a provisional application with multiple inventors?

When filing a provisional application with multiple inventors, it’s important to note that:

• All inventors must be named in the application.
• Each inventor must sign an oath or declaration, either in the provisional application or in the later-filed nonprovisional application.
• The inventorship of the provisional application should match that of any subsequent nonprovisional application claiming benefit.

According to MPEP 201.04: “The inventorship of a provisional application is that inventorship set forth in the cover sheet as prescribed by 37 CFR 1.51(c)(1) filed with the provisional application.” This means that the cover sheet must accurately reflect all inventors involved in the invention described in the provisional application.

To learn more:

• provisional application
• multiple inventors
• inventorship
• cover sheet

If a new inventor is identified in a Continued Prosecution Application (CPA) without proper documentation, it can lead to issues with the application. The 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 if an examiner notices a new inventor listed on a CPA without the required request under 37 CFR 1.48, they will issue a notice to the applicant. The inventorship will remain the same as in the prior application until the proper request is filed and approved.

For more information on CPA, visit: CPA.

For more information on inventorship, visit: inventorship.

For more information on patent examination, visit: patent examination.

The inventorship requirements for claiming foreign priority are specific and important. Here are the key points:

• The U.S. and foreign applications must name the same inventor or have at least one joint inventor in common.
• Priority rights do not exist if the foreign and U.S. applications have completely different sole inventors.
• Joint inventors can each claim the benefit of their separately filed foreign applications.

The MPEP clarifies: Consistent with longstanding Office policy, this is interpreted to mean that the U.S. and foreign applications must name the same inventor or have at least one joint inventor in common. This requirement ensures a direct connection between the foreign priority application and the U.S. application claiming its benefit.

To learn more:

• inventorship
• foreign priority
• joint inventors
• patent application

The filing requirements for a divisional application under 37 CFR 1.53(b) are similar to those for a new nonprovisional application. According to the MPEP:

‘A continuation or divisional application may be filed under 35 U.S.C. 111(a) using the procedures set forth in 37 CFR 1.53(b), by providing: (1) a specification complying with 35 U.S.C. 112, including a claim or claims; (2) drawings, where necessary; and (3) the inventorship named on filing.’

Additionally, you must include:

• The appropriate filing fees
• An Application Data Sheet (ADS) specifying that the application is a divisional
• A proper benefit claim to the parent application

It’s important to note that while a new oath or declaration may not be required under 37 CFR 1.63(d), you must still comply with all other filing requirements.

For more information on Divisional application, visit: Divisional application.

For more information on drawings, visit: drawings.

For more information on filing requirements, visit: filing requirements.

For more information on inventorship, visit: inventorship.

All relevant information from MPEP ¶ 2.33 New Inventor Identified in CPA (for Design Applications) has been covered in the previous FAQs. No additional meaningful questions can be generated without redundancy.

For more information on CPA, visit: CPA.

For more information on design applications, visit: design applications.

For more information on inventorship, visit: inventorship.

For more information on patent examination, visit: patent examination.

How should inventorship be determined for a patent application?

Determining inventorship for a patent application is a critical step that requires careful consideration. Here’s how it should be approached:

• Inventorship is determined based on the subject matter of the claims.
• Each person who contributed to the conception of at least one claim should be listed as an inventor.
• Merely following instructions or assisting in reduction to practice does not qualify one as an inventor.

The MPEP 2137 states:

“The threshold question in determining inventorship is who conceived the invention. Unless a person contributes to the conception of the invention, he is not an inventor.”

It’s important to note that inventorship can change during the prosecution of the application if claims are amended or canceled. Applicants should consult with a patent attorney to ensure proper determination of inventorship.

To learn more:

• inventorship
• patent application
• inventor determination
• conception of invention

Inventorship in a Continued Prosecution Application (CPA) is generally maintained from the prior application. However, if there’s a need to add or change inventors, specific procedures must be followed.

According to MPEP ¶ 2.33: “Any request to add an inventor must be in the form of a request under 37 CFR 1.48. Otherwise, the inventorship in the CPA shall be the same as in the prior application.”

This means that if you want to add or change inventors in a CPA, you must file a formal request under 37 CFR 1.48, which outlines the procedure for correction of inventorship in patent applications.

For more information on continued prosecution application, visit: continued prosecution application.

For more information on CPA, visit: CPA.

For more information on inventorship, visit: inventorship.

For continuing applications filed on or after September 16, 2012, inventorship is determined as follows:

1. If an application data sheet (ADS) is filed before or concurrently with the copy of the inventor’s oath or declaration from the earlier-filed application, the inventorship is specified in the ADS.
2. If no ADS is filed before or concurrently with the copy of the inventor’s oath or declaration, the inventorship is set forth in the copy of the inventor’s oath or declaration from the earlier-filed application.
3. If there’s no ADS and the copy of the oath or declaration is accompanied by a signed statement pursuant to 37 CFR 1.33(b), the inventorship is as stated in that signed statement.

According to MPEP 602.05(a): For continuing applications filed on or after September 16, 2012 under 37 CFR 1.53(b), the inventorship 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 signed statement pursuant to 37 CFR 1.33(b) that states the name of each inventor in the continuing application.

Any new joint inventor named in the continuing application must provide an oath or declaration in compliance with 37 CFR 1.63, except as provided in 37 CFR 1.64.

To learn more:

• inventorship
• continuing application
• application data sheet
• AIA
• post-AIA

The inventorship requirements for continuation applications differ based on whether they were filed before or after September 16, 2012:

• For applications filed on or after September 16, 2012: The inventorship is determined by the information provided in the application data sheet (ADS) filed before or concurrently with the copy of the inventor’s oath or declaration from the earlier-filed application. If no ADS is filed, the inventorship is set by the copy of the inventor’s oath or declaration from the earlier-filed application, unless accompanied by a statement signed under 37 CFR 1.33(b) specifying the correct inventorship.
• For applications filed before September 16, 2012: The inventorship was generally set by the copy of the executed oath or declaration from the prior application, unless accompanied by a statement requesting deletion of the names of persons who are not inventors in the continuation application.

The MPEP states for post-AIA applications:

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.

These changes reflect the America Invents Act’s modifications to U.S. patent law, simplifying the process for correcting inventorship in many cases.

For more information on America Invents Act, visit: America Invents Act.

For more information on continuation application, visit: continuation application.

For more information on inventorship, visit: inventorship.

For more information on patent application requirements, visit: patent application requirements.

The inventorship of an international application entering the national stage under 35 U.S.C. 371 is determined according to 37 CFR 1.41(e), which states:

The inventorship of an international application entering the national stage under 35 U.S.C. 371 is the inventor or joint inventors set forth in the application data sheet in accordance with § 1.76 filed with the initial submission under 35 U.S.C. 371.

This means that applicants can change inventorship as to the U.S. at the time of national stage entry by simply filing an application data sheet naming the inventor or joint inventors with the initial submission under 35 U.S.C. 371.

If no application data sheet is provided, the inventorship is the inventor or joint inventors set forth in the international application, including any changes made under PCT Rule 92bis. It’s important to note that 37 CFR 1.41(e) does not allow naming inventors via the inventor’s oath or declaration if an application data sheet is not provided.

To learn more:

• International application
• National stage entry
• Inventorship
• Application data sheet

The inventorship of a divisional application must include at least one inventor named in the parent application, but it doesn’t have to be identical. The MPEP states:

The inventorship in the divisional application must include at least one inventor named in the prior-filed application, and the divisional application must claim the benefit of the prior-filed application under 35 U.S.C. 120, 121, 365(c), or 386(c).

If the divisional application is filed with fewer inventors than the parent application, a statement may be filed requesting deletion of the names of the additional inventors. For applications filed on or after September 16, 2012, the statement must be filed with the divisional application and signed by a party set forth in 37 CFR 1.33(b).

To learn more:

• divisional application
• inventorship
• patent application requirements

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.

The inventorship in a Continued Prosecution Application (CPA) is directly related to the parent application. As stated in MPEP 201.06(d):

‘The inventorship in a CPA filed under 37 CFR 1.53(d) is the same as in the prior application.’

This means that when you file a CPA, you are essentially continuing the same application with the same inventors. However, it’s important to note that if there are any changes to inventorship required, they must be made through the appropriate procedures, such as filing a request under 37 CFR 1.48. Any such changes should be made promptly to ensure the accuracy of the patent application.

For more information on continued prosecution application, visit: continued prosecution application.

For more information on CPA, visit: CPA.

For more information on inventorship, visit: inventorship.

For more information on parent application, visit: parent application.

The Application Data Sheet (ADS) plays an important role in establishing and changing inventorship in patent applications:

• The ADS should include inventor information, including legal name, residence, and mailing address of each inventor.
• The naming of inventorship is governed by 37 CFR 1.41.
• Changes to inventorship or the names of inventors are governed by 37 CFR 1.48.
• In case of inconsistencies, the most recent submission will generally govern, except for inventorship issues.

37 CFR 1.76(d)(1) states: “The naming of the inventorship is governed by § 1.41 and changes to inventorship or the names of the inventors is governed by § 1.48.”

It’s important to note that while the ADS is used to provide inventor information, any changes to inventorship must comply with the specific requirements of 37 CFR 1.48, which may require additional documentation beyond just updating the ADS.

To learn more:

• ADS
• Application Data Sheet
• inventorship
• patent application
• inventor information

Inventorship in a Continued Prosecution Application (CPA) generally carries over from the prior application, but there are some important considerations:

• The inventive entity of the CPA is automatically the same as the prior application unless a statement is filed requesting deletion of inventors
• A statement requesting deletion of inventors must be filed with the CPA request and signed by a person authorized under 37 CFR 1.33(b)
• New inventors cannot be added simply by naming them in the CPA transmittal letter or a new oath/declaration
• To add new inventors, a request under 37 CFR 1.48 must be filed, including the required fee

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 is named in the CPA who was not in the prior application, the examiner will notify the applicant using form paragraph 2.33:

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.

For more information on continued prosecution application, visit: continued prosecution application.

For more information on CPA, visit: CPA.

For more information on inventorship, visit: inventorship.

For more information on patent applications, visit: patent applications.

In a Continued Prosecution Application (CPA), the inventorship is typically the same as in the prior application. However, if a new inventor needs to be added, a specific process must be followed. According to MPEP ¶ 2.33:

Any request to add an inventor must be in the form of a request under 37 CFR 1.48. Otherwise, the inventorship in the CPA shall be the same as in the prior application.

This means that if you want to add a new inventor to a CPA, you must file a formal request under 37 CFR 1.48, which outlines the procedures for correcting or changing inventorship in patent applications.

For more information on CPA, visit: CPA.

For more information on inventorship, visit: inventorship.

Inventorship in a continuing application depends on the type of continuing application and when it was filed. Key points:

• For applications filed on or after September 16, 2012, the inventorship is initially the inventor(s) named in the application data sheet
• For earlier applications, the inventorship carries over from the parent application
• In a continuation or divisional, the inventorship must include at least one inventor named in the parent application
• In a continuation-in-part, new inventors can be added to cover new matter
• Inventorship can be corrected if needed using procedures under 37 CFR 1.48

For CPAs filed on or after September 16, 2012, the MPEP states: 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 the inventorship needs to be changed, a request under 37 CFR 1.48 must be filed.

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

For more information on continuing applications, visit: continuing applications.

For more information on inventorship, visit: inventorship.

The Application Data Sheet (ADS) plays a crucial role in naming inventors for patent applications filed on or after September 16, 2012. According to MPEP 601.05(a):

“The naming of the inventors in the application data sheet is the naming of the actual inventors of the subject matter of the application. The inventorship determined from the application data sheet will be used as the inventorship on the patent if the application is granted as a patent.”

This means that the ADS serves as the official document for declaring inventorship. It’s important to note that:

• The ADS replaces the need for a separate inventor’s oath or declaration for naming inventors
• Any changes to inventorship after filing must be done through a proper request under 37 CFR 1.48
• Accuracy in naming inventors is crucial, as incorrect inventorship can affect the validity of the patent

Applicants should ensure that the inventorship information in the ADS is complete and accurate at the time of filing to avoid potential complications later in the patent process.

To learn more:

• ADS
• Application Data Sheet
• inventorship
• patent application

The inventorship in a Continued Prosecution Application (CPA) generally remains the same as in the prior application. 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 changes to inventorship are needed, they must be made through a specific request under 37 CFR 1.48.

To learn more:

• CPA
• Inventorship
• Patent Application

Inventorship in a patent application can be corrected through the following methods:

1. Filing a request under 37 CFR 1.48 to correct or change inventorship. For applications filed on or after September 16, 2012, this request should include:
   • An application data sheet (ADS) identifying each inventor by their legal name
   • The processing fee set forth in 37 CFR 1.17(i)
   • An oath or declaration for any new inventor who has not yet executed such a document
2. Filing a continuing application under 37 CFR 1.53 with the correct inventorship

The method chosen may depend on the specific circumstances and timing of the correction. It’s important to note that inventorship corrections should be made promptly once an error is discovered, as timeliness requirements under 37 CFR 1.116 and 37 CFR 1.312 apply.

To learn more:

• Inventorship correction
• Patent application
• Continuing application
• Application data sheet

To learn more:

• correction
• 37 CFR 1.48

When filing a Continued Prosecution Application (CPA) for a design patent, you can delete a named inventor by including a statement with your CPA filing. The MPEP ¶ 2.32 states:

Receipt is acknowledged of the statement requesting that [1] be deleted as a named inventor which was filed with the Continued Prosecution Application (CPA) on [2]. The inventorship has been corrected as requested.

This means you should provide a clear statement identifying the inventor(s) to be deleted when submitting your CPA. The USPTO will then acknowledge and process this request, correcting the inventorship accordingly.

For more information on CPA, visit: CPA.

For more information on design patents, visit: design patents.

For more information on inventorship, visit: inventorship.

For more information on patent procedure, visit: patent procedure.

Yes, the inventorship in a Continued Prosecution Application (CPA) can differ from the original application, but only if a proper request is filed and approved.

According to MPEP ¶ 2.33: Otherwise, the inventorship in the CPA shall be the same as in the prior application. This implies that changes to inventorship are possible, but they require specific action.

To change the inventorship, you must file a request under 37 CFR 1.48. This applies whether you’re adding, removing, or changing the order of inventors. Without this formal request, the inventorship will remain the same as in the original application, even if new inventors are listed on the CPA filing documents.

For more information on continued prosecution application, visit: continued prosecution application.

For more information on CPA, visit: CPA.

For more information on inventorship, visit: inventorship.

Yes, the inventorship in a continuation or continuation-in-part (CIP) application can differ from the parent application, but there are specific requirements:

1. For continuation applications: The inventorship must include at least one inventor named in the prior-filed application.

2. For CIP applications: The inventorship can change more significantly due to the addition of new matter.

The MPEP states for continuation applications: “The inventorship in the continuation application must include at least one inventor named in the prior-filed application.”

For CIP applications, the MPEP notes: “A continuation-in-part application that has a sole inventor may also derive from an earlier application that has joint inventors and discloses only a portion of the subject matter of the later application, subject to the conditions set forth in 35 U.S.C. 120 and 37 CFR 1.78. Subject to the same conditions, a continuation-in-part application that has joint inventors may derive from an earlier application that has a sole inventor.”

Any changes in inventorship must be properly documented and may require a request under 37 CFR 1.48.

The MPEP ¶ 2.32 specifically addresses the process of deleting named inventors when filing a Continued Prosecution Application (CPA) for design patents. However, it does not explicitly mention adding or substituting inventors at the time of CPA filing.

If you need to add or substitute inventors, rather than just delete them, you should follow the general procedures for correction of inventorship outlined in 37 CFR 1.48. This regulation provides the requirements for adding, deleting, or substituting inventors in patent applications.

It’s advisable to consult with a patent attorney or contact the USPTO directly for guidance on the proper procedure for adding or substituting inventors when filing a CPA, as this may require additional documentation or fees beyond a simple deletion request.

For more information on CPA, visit: CPA.

For more information on inventorship, visit: inventorship.

For more information on patent procedure, visit: patent procedure.