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

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.

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.