When can a Request to Delete a Named Inventor be filed for a CPA?

A Request to Delete a Named Inventor can be filed at two specific times for a Continued Prosecution Application (CPA):

  1. With the CPA filing: The request can be submitted along with the CPA when it is initially filed.
  2. After the CPA filing: If the request is made after the CPA has been filed, it must follow a different procedure.

The MPEP ¶ 2.32 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 requests require additional documentation and must comply with the regulations for correction of inventorship.

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