Can the inventorship be changed when filing a CPA?

The inventorship in a Continued Prosecution Application (CPA) generally remains the same as in the prior application, but it can be changed under certain circumstances:

  • The inventorship automatically carries over from the prior application unless a statement is filed requesting deletion of inventors
  • Inventors can be deleted by filing a statement with the CPA request
  • Adding new inventors requires a request under 37 CFR 1.48 after the CPA is filed

The MPEP states: The inventive entity set forth in the prior nonprovisional application automatically carries over into the CPA UNLESS the request for a CPA is accompanied by or includes on filing a statement requesting the deletion of the name or names of the person or persons who are not inventors of the invention being claimed in the CPA.

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Topics: MPEP 200 - Types and Status of Application; Benefit and Priority, MPEP 201 - Types of Applications, Patent Law, Patent Procedure
Tags: patent applications