Can the inventorship in a CPA differ from the original application?

Yes, the inventorship in a Continued Prosecution Application (CPA) can differ from the original application, but only if a proper request is filed and approved.

According to MPEP ¶ 2.33: Otherwise, the inventorship in the CPA shall be the same as in the prior application. This implies that changes to inventorship are possible, but they require specific action.

To change the inventorship, you must file a request under 37 CFR 1.48. This applies whether you’re adding, removing, or changing the order of inventors. Without this formal request, the inventorship will remain the same as in the original application, even if new inventors are listed on the CPA filing documents.

For more information on continued prosecution application, visit: continued prosecution application.

For more information on CPA, visit: CPA.

For more information on inventorship, visit: inventorship.