How does the assignment of a priority right affect patent 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 assignment of a priority right can significantly impact patent applications. According to MPEP 216:
‘The right of priority is a personal right of the applicant or his successor in title. It may be transferred to the extent and subject to the conditions provided for in the statutes.’
Key points about the assignment of priority rights:
- Priority rights can be transferred separately from the application itself.
- The assignment must be executed before filing the later application claiming priority.
- An assignment of the entire right, title, and interest in an application includes the right of priority.
- Partial assignments of priority rights are possible but must be clearly documented.
Proper assignment of priority rights is crucial for maintaining the earlier effective filing date, which can be critical for patentability and avoiding prior art rejections.
For more information on effective filing date, visit: effective filing date.