Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-09
This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.
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