What is the difference between deleting an inventor at CPA filing vs. after filing?

The process for deleting an inventor from a Continued Prosecution Application (CPA) differs depending on when the request is made:

  • At CPA Filing: You can submit a statement requesting the deletion of an inventor when filing the CPA. This is a straightforward process that doesn’t require additional paperwork.
  • After CPA Filing: If you need to delete an inventor after the CPA has been filed, you must follow a more formal procedure. 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 that post-filing inventor deletions require a formal request under 37 CFR 1.48, which typically involves additional documentation and potentially fees.

For more information on CPA, visit: CPA.

Topics: MPEP 200 - Types and Status of Application; Benefit and Priority, MPEP 201 - Types of Applications, Patent Law, Patent Procedure
Tags: CPA