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.
Inventorship in a Continued Prosecution Application (CPA) for design patents can be corrected by filing a statement requesting the deletion of a named inventor along with the CPA filing. The MPEP states:
Receipt is acknowledged of the statement requesting that [1] be deleted as a named inventor which was filed with the Continued Prosecution Application (CPA) on [2]. The inventorship has been corrected as requested.
This process allows for immediate correction of inventorship when filing a CPA. However, it’s important to note that any request to delete a named inventor in a CPA filed after the CPA is filed must be accompanied by a request under 37 CFR 1.48.
For more information on CPA, visit: CPA.
For more information on design patents, visit: design patents.
For more information on patent procedure, visit: patent procedure.