Can I correct inventorship by filing a continuing application?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-09 5 Related FAQs 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, you can correct inventorship by filing a continuing application. The MPEP states: Correction of inventorship may also be obtained by the filing of a continuing application under 37 CFR 1.53 without the need for filing a request under 37 CFR 1.48, although it should be noted that the requirements for a request under 37 CFR 1.48 filed on or after September 16, 2012 are minimal. However, it’s important to note that changing inventorship through a continuing application may affect the application’s benefit claim under 35 U.S.C. 120 . The MPEP advises, 35 U.S.C. 120 permits a continuing application to claim the benefit of the filing date of a copending, previously filed, parent application provided there is inventorship overlap between the continuing application and the parent application. Other Related FAQs 5 FAQs Collapse What is an inventor&#8217;s certificate and how does it relate to patent priority rights? Can an inventor authorize someone else to sign the application oath or declaration on their behalf? What is the difference between an inventor and an applicant in a patent application? What are the signature requirements for inventor&#8217;s oaths or declarations? What are the requirements for inventor signatures on patent applications?