MPEP § 306 — Assignment of Division, Continuation, Substitute, and Continuation-in-Part in Relation to Parent Application (Annotated Rules)
§306 Assignment of Division, Continuation, Substitute, and Continuation-in-Part in Relation to Parent Application
This page consolidates and annotates all enforceable requirements under MPEP § 306, including statutory authority, regulatory rules, examiner guidance, and practice notes. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.
Assignment of Division, Continuation, Substitute, and Continuation-in-Part in Relation to Parent Application
This section addresses Assignment of Division, Continuation, Substitute, and Continuation-in-Part in Relation to Parent Application. Primary authority: 37 CFR 3.28, 37 CFR 3.41), and 37 CFR 3.41. Contains: 1 requirement and 1 other statement.
Key Rules
Title Reports (MPEP 320)
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. Although the assignment recorded against an original application is applied to the division or continuation application, the Office’s assignment records will only reflect an assignment of a division or continuation application (or any other application) if a request for recordation in compliance with 37 CFR 3.28, accompanied by the required fee (37 CFR 3.41), is filed.
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. Although the assignment recorded against an original application is applied to the division or continuation application, the Office’s assignment records will only reflect an assignment of a division or continuation application (or any other application) if a request for recordation in compliance with 37 CFR 3.28, accompanied by the required fee (37 CFR 3.41), is filed.
Assignee as Applicant Signature
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. Substitute or continuation-in-part applications require the recordation of a new assignment if they are to be issued to an assignee, unless the substitute or continuation-in-part application is filed on or after September 16, 2012, and the assignee is the original applicant therein. See 37 CFR 3.81. See also MPEP §§ 307 and 308.
AIA Effective Dates
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. Substitute or continuation-in-part applications require the recordation of a new assignment if they are to be issued to an assignee, unless the substitute or continuation-in-part application is filed on or after September 16, 2012, and the assignee is the original applicant therein. See 37 CFR 3.81. See also MPEP §§ 307 and 308.
Citations
| Primary topic | Citation |
|---|---|
| Title Reports (MPEP 320) | 37 CFR § 3.28 |
| Title Reports (MPEP 320) | 37 CFR § 3.41 |
| AIA Effective Dates Assignee as Applicant Signature | 37 CFR § 3.81 |
| AIA Effective Dates Assignee as Applicant Signature | MPEP § 307 |
Source Text from USPTO’s MPEP
This is an exact copy of the MPEP from the USPTO. It is here for your reference to see the section in context.
Official MPEP § 306 — Assignment of Division, Continuation, Substitute, and Continuation-in-Part in Relation to Parent Application
Source: USPTO306 Assignment of Division, Continuation, Substitute, and Continuation-in-Part in Relation to Parent Application [R-07.2015]
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. Although the assignment recorded against an original application is applied to the division or continuation application, the Office’s assignment records will only reflect an assignment of a division or continuation application (or any other application) if a request for recordation in compliance with 37 CFR 3.28, accompanied by the required fee (37 CFR 3.41), is filed.
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. Substitute or continuation-in-part applications require the recordation of a new assignment if they are to be issued to an assignee, unless the substitute or continuation-in-part application is filed on or after September 16, 2012, and the assignee is the original applicant therein. See 37 CFR 3.81. See also MPEP §§ 307 and 308.