How is inventorship determined in continuing applications filed on or after September 16, 2012?

For continuing applications filed on or after September 16, 2012, inventorship is determined as follows:

1. If an application data sheet (ADS) is filed before or concurrently with the copy of the inventor’s oath or declaration from the earlier-filed application, the inventorship is specified in the ADS.
2. If no ADS is filed before or concurrently with the copy of the inventor’s oath or declaration, the inventorship is set forth in the copy of the inventor’s oath or declaration from the earlier-filed application.
3. If there’s no ADS and the copy of the oath or declaration is accompanied by a signed statement pursuant to 37 CFR 1.33(b), the inventorship is as stated in that signed statement.

According to MPEP 602.05(a): For continuing applications filed on or after September 16, 2012 under 37 CFR 1.53(b), the inventorship is the inventor or joint inventors specified in the application data sheet filed before or concurrently with the copy of the inventor’s oath or declaration from the earlier-filed application. If an application data sheet is not filed before or concurrently with the copy of the inventor’s oath or declaration from the earlier-filed application, the inventorship is the inventorship set forth in the copy of the inventor’s oath or declaration from the earlier-filed application, unless it is accompanied by a signed statement pursuant to 37 CFR 1.33(b) that states the name of each inventor in the continuing application.

Any new joint inventor named in the continuing application must provide an oath or declaration in compliance with 37 CFR 1.63, except as provided in 37 CFR 1.64.

To learn more:

• inventorship
• continuing application
• application data sheet
• AIA
• post-AIA