What is the difference in assignment between division/continuation and substitute/CIP applications?
The key difference in assignment between division/continuation applications and substitute/continuation-in-part (CIP) applications lies in how prior assignments are applied:
- Division/Continuation Applications: Prior assignments recorded against the original application automatically apply to these applications. As stated in MPEP 306:
In the case of a division or continuation application, a prior assignment recorded against the original application is applied (effective) to the division or continuation application because the assignment recorded against the original application gives the assignee rights to the subject matter common to both applications.
- Substitute/CIP Applications: Prior assignments do not automatically apply. MPEP 306 states:
In the case of a substitute or continuation-in-part application, a prior assignment of the original application is not applied (effective) to the substitute or continuation-in-part application because the assignment recorded against the original application gives the assignee rights to only the subject matter common to both applications.
This difference is due to the nature of these application types. Division and continuation applications contain only subject matter from the original application, while substitute and CIP applications may contain new subject matter not present in the original application.
Topics:
'MPEP 306-Assignment of Division,
and Continuation-in-Part in Relation to Parent Application',
MPEP 300 - Ownership and Assignment,
Patent Law,
Patent Procedure