When is a new assignment required for applications derived from earlier applications?
The need for a new assignment in applications derived from earlier applications depends on the type of application and its content:
- Division and Continuation Applications: Generally, no new assignment is required as the prior assignment is automatically applied. However, a new recordation request is needed to reflect this in USPTO records.
- Substitute and Continuation-in-Part Applications: New assignments are typically required unless the application is filed on or after September 16, 2012, and the assignee is the original applicant.
- Applications Claiming Provisional Benefits: If the application includes only subject matter from the provisional application, no new assignment is needed. However, if it includes new subject matter, a new assignment is required, with the same exception as for substitute and continuation-in-part applications.
Always refer to MPEP § 306, § 307, and § 308 for the most up-to-date and detailed information.
For more information on new assignment, visit: new assignment.
For more information on USPTO requirements, visit: USPTO requirements.
Topics:
'MPEP 306-Assignment of Division,
and Continuation-in-Part in Relation to Parent Application',
MPEP 300 - Ownership and Assignment,
Patent Law,
Patent Procedure