What happens if I identify a new inventor in a CPA without filing a 37 CFR 1.48 request?

If you identify a new inventor in a Continued Prosecution Application (CPA) without filing a request under 37 CFR 1.48, the inventorship will not be officially changed. The MPEP clearly states: ‘It is noted that [new inventor] identified as a named inventor in the Continued Prosecution Application (CPA) filed under 37 CFR 1.53(d) on [filing date], but no request under 37 CFR 1.48, as is required, was filed to correct the inventorship.’ In such cases, the inventorship in the CPA will remain the same as in the prior application, despite the attempt to name a new inventor.

For more information on CPA, visit: CPA.

For more information on inventorship, visit: inventorship.