What happens if a new inventor is identified in a CPA without proper documentation?

If a new inventor is identified in a Continued Prosecution Application (CPA) without proper documentation, it can lead to issues with the application. The MPEP ¶ 2.33 states:

It is noted that [1] identified as a named inventor in the Continued Prosecution Application (CPA) filed under 37 CFR 1.53(d) on [2], but no request under 37 CFR 1.48, as is required, was filed to correct the inventorship.

This means that if an examiner notices a new inventor listed on a CPA without the required request under 37 CFR 1.48, they will issue a notice to the applicant. The inventorship will remain the same as in the prior application until the proper request is filed and approved.

For more information on CPA, visit: CPA.

For more information on inventorship, visit: inventorship.

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