When is a new assignment required for applications derived from earlier applications?

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.

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.