How does inventorship work in a CPA?

Inventorship in a Continued Prosecution Application (CPA) generally carries over from the prior application, but there are some important considerations:

• The inventive entity of the CPA is automatically the same as the prior application unless a statement is filed requesting deletion of inventors
• A statement requesting deletion of inventors must be filed with the CPA request and signed by a person authorized under 37 CFR 1.33(b)
• New inventors cannot be added simply by naming them in the CPA transmittal letter or a new oath/declaration
• To add new inventors, a request under 37 CFR 1.48 must be filed, including the required fee

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.

If an inventor is named in the CPA who was not in the prior application, the examiner will notify the applicant using form paragraph 2.33:

It is noted that [1] identified as a named inventor in the Continued Prosecution Application (CPA) filed under 37 CFR 1.53(d) on [2], but no request under 37 CFR 1.48, as is required, was filed to correct the inventorship.

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.

For more information on patent applications, visit: patent applications.