How is inventorship determined in continuing applications filed on or after September 16, 2012?
For continuing applications filed on or after September 16, 2012, inventorship is determined as follows: 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. If no ADS is filed before or concurrently with…
Read MoreHow does the inventorship of a divisional application relate to the parent application?
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…
Read MoreWhen should I file a 37 CFR 1.48 request for a CPA?
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…
Read MoreCan the inventorship in a CPA differ from the original application?
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…
Read MoreHow does inventorship in a continuing application work?
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…
Read MoreHow is inventorship handled in a Continued Prosecution Application (CPA)?
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…
Read MoreHow does inventorship work in a CPA?
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…
Read MoreWhat information should be included in a request to delete a named inventor in a CPA?
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: A clear statement requesting the deletion of the inventor(s) The name(s) of the inventor(s) to be deleted The filing date of the CPA The…
Read MoreHow can I delete a named inventor when filing a CPA for a design patent?
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…
Read MoreCan I add or substitute inventors when filing a CPA for a design patent?
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…
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