When should I file a 37 CFR 1.48 request to correct inventorship in a CPA?
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…
Read MoreWhat is the purpose of MPEP ¶ 2.33 regarding new inventors in CPAs?
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…
Read MoreNo Additional FAQs Available
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…
Read MoreHow does the inventorship requirement differ for continuation applications filed before and after September 16, 2012?
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…
Read MoreHow does the inventorship in a Continued Prosecution Application (CPA) relate to the parent application?
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…
Read MoreWhat is a Request to Delete a Named Inventor in a Continued Prosecution Application (CPA) for Design Applications?
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…
Read MoreWhat happens if I identify a new inventor in a CPA without filing a 37 CFR 1.48 request?
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…
Read MoreHow does the inventorship in a continuing application relate to the prior application?
The inventorship in a continuing application can be the same as or different from the prior application, depending on the circumstances: 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. If the continuing application names a…
Read MoreHow does inventorship work in a Continued Prosecution Application (CPA)?
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.…
Read MoreWhat happens if a new inventor is identified in a CPA without proper documentation?
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…
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