How does inventorship work in a Continued Prosecution Application (CPA)?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-09

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.

In a Continued Prosecution Application (CPA), the inventorship is typically the same as in the prior application. However, if a new inventor needs to be added, a specific process must be followed. According to MPEP ¶ 2.33:

Any request to add an inventor must be in the form of a request under 37 CFR 1.48. Otherwise, the inventorship in the CPA shall be the same as in the prior application.

This means that if you want to add a new inventor to a CPA, you must file a formal request under 37 CFR 1.48, which outlines the procedures for correcting or changing inventorship in patent applications.

For more information on CPA, visit: CPA.

For more information on inventorship, visit: inventorship.

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