How is ownership established in continuing patent applications filed before September 16, 2012?

For continuing applications (continuation or divisional) filed under 37 CFR 1.53(b) before September 16, 2012, ownership can be established in one of two ways:

1. The application papers can contain a copy of a statement filed under pre-AIA 37 CFR 3.73(b) in the parent application.
2. A newly executed statement under pre-AIA 37 CFR 3.73(b) can be filed with the continuing application.

For continuation-in-part applications filed before September 16, 2012, a newly executed statement under pre-AIA 37 CFR 3.73(b) must be filed.

In the case of design applications where a continued prosecution application (CPA) is filed under 37 CFR 1.53(d), the statement filed under 37 CFR 3.73(b) in the parent application will serve as the statement for the CPA.

This is outlined in MPEP 324, section III, which states: “When an assignee files a continuation or divisional application under 37 CFR 1.53(b) before September 16, 2012, the application papers must: (A) contain a copy of a statement filed under pre-AIA 37 CFR 3.73(b) in the parent application; or (B) contain a newly executed statement under pre-AIA 37 CFR 3.73(b).”