How does the inventorship of a divisional application relate to the parent application?

The inventorship of a divisional application must include at least one inventor named in the parent application, but it doesn’t have to be identical. The MPEP states:

The inventorship in the divisional application must include at least one inventor named in the prior-filed application, and the divisional application must claim the benefit of the prior-filed application under 35 U.S.C. 120, 121, 365(c), or 386(c).

If the divisional application is filed with fewer inventors than the parent application, a statement may be filed requesting deletion of the names of the additional inventors. For applications filed on or after September 16, 2012, the statement must be filed with the divisional application and signed by a party set forth in 37 CFR 1.33(b).

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Topics: MPEP 200 - Types and Status of Application; Benefit and Priority, Patent Law, Patent Procedure
Tags: Divisional application, inventorship, patent application requirements