What are the consequences of not filing a 37 CFR 1.48 request when adding a new inventor to a CPA?

Failing to file a 37 CFR 1.48 request when adding a new inventor to a Continued Prosecution Application (CPA) can have significant consequences.

MPEP ¶ 2.33 states: “Otherwise, the inventorship in the CPA shall be the same as in the prior application.” This means that without a proper 37 CFR 1.48 request:

• The new inventor will not be officially recognized on the application.
• The inventorship will remain unchanged from the prior application.
• This discrepancy could potentially affect the validity of the patent if granted.
• It may lead to complications in future patent proceedings or enforcement efforts.

It’s crucial to follow proper procedures to ensure all inventors are correctly listed and legally recognized on the patent application.

For more information on CPA, visit: CPA.

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