How were changes in inventorship handled in continuation or divisional applications filed under 37 CFR 1.53(b)?

Changes in inventorship for continuation or divisional applications filed under 37 CFR 1.53(b) could be handled in two ways:

1. Filing with a copy of an oath or declaration from a prior application and a statement requesting the deletion of non-inventors.
2. Filing with a newly executed oath or declaration naming the correct inventive entity.

The MPEP states:

“If an inventor named in a prior application is not an inventor in a continuation or divisional application filed under 37 CFR 1.53(b), the continuation or divisional application may either be filed (A) with a copy of an oath or declaration from a prior application and 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 continuation or divisional application (see pre-AIA 37 CFR 1.63(d)), or (B) with a newly executed oath or declaration naming the correct inventive entity.”

This provision allowed applicants to address changes in inventorship efficiently when filing continuation or divisional applications.

To learn more:

• inventorship changes
• continuation application
• divisional application
• oath
• declaration