How does the inventorship carry over in a CPA?

The inventorship in a Continued Prosecution Application (CPA) automatically carries over from the prior application, unless specific steps are taken to change it. As stated in the MPEP:

“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. 37 CFR 1.53(d)(4).”

If an inventor needs to be added or deleted, a request under 37 CFR 1.48 must be filed, along with the required fee. The examiner will notify the applicant if there are any inventorship discrepancies in the first Office action.

For more information on continuation application, visit: continuation application.

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