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 is a crucial aspect of continuation applications. According to MPEP 201.07:
The inventorship in the continuation application must include at least one inventor named in the prior-filed application…
This requirement ensures a clear line of continuity between the parent application and the continuation application. Key points to consider:
- At least one inventor from the parent application must be included in the continuation application.
- Additional inventors can be added to the continuation application if they contributed to the claimed invention.
- Inventors from the parent application who did not contribute to the claims in the continuation application can be removed.
- Changes in inventorship must be properly documented and may require an oath or declaration from new inventors.
For Continued Prosecution Applications (CPAs) under 37 CFR 1.53(d), there are additional inventorship requirements:
In addition, a continuation or divisional application may only be filed under 37 CFR 1.53(d) if the prior application is a nonprovisional design application, but not an international design application, that is complete as defined by 37 CFR 1.51(b) (except for the inventor’s oath or declaration if the CPA is filed on or after September 16, 2012), and the prior nonprovisional application contains an application data sheet indicating the name, residence, and mailing address of each inventor.
Always consult with a patent attorney when dealing with inventorship issues in continuation applications to ensure compliance with USPTO requirements.
For more information on application data sheet, visit: application data sheet.