What is the difference between correcting inventorship at CPA filing and after CPA filing?
The process for correcting inventorship in a Continued Prosecution Application (CPA) differs depending on when the correction is requested:
- At CPA filing: Inventorship can be corrected by submitting a statement requesting deletion of a named inventor along with the CPA filing. This process is straightforward and does not require additional procedures.
- After CPA filing: The MPEP states,
Any request to delete a named inventor in a CPA filed after the CPA is filed must be accompanied by a request under 37 CFR 1.48.
This means additional documentation and possibly fees are required for post-filing inventorship changes.
It’s generally simpler to correct inventorship at the time of CPA filing if possible.
For more information on CPA, visit: CPA.
For more information on patent procedure, visit: patent procedure.
Topics:
MPEP 200 - Types and Status of Application; Benefit and Priority,
MPEP 201 - Types of Applications,
Patent Law,
Patent Procedure