Can I correct inventorship by filing a continuing application?

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.

To learn more:

• inventorship correction
• continuing application
• benefit claim
• inventorship overlap