Can a continuation-in-part application have different inventors than the parent application?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

Yes, a continuation-in-part (CIP) application can have different inventors than the parent application, but there must be at least one common inventor. The MPEP provides guidance on this:

“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.”

This flexibility allows for situations where new inventors contribute to the additional subject matter in the CIP, or where some inventors from the original application are no longer involved in the new developments.

For more information on joint inventors, visit: joint inventors.