MPEP § 306.01 — Assignment of an Application Claiming the Benefits of a Provisional Application (Annotated Rules)
§306.01 Assignment of an Application Claiming the Benefits of a Provisional Application
This page consolidates and annotates all enforceable requirements under MPEP § 306.01, 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 an Application Claiming the Benefits of a Provisional Application
This section addresses Assignment of an Application Claiming the Benefits of a Provisional Application. Primary authority: 35 U.S.C. 119(e) and 35 U.S.C. 120. Contains: 1 requirement and 1 other statement.
Key Rules
AIA Effective Dates
If an application which claims the benefit of the earlier filing date of a provisional application under 35 U.S.C. 119(e) includes only subject matter which formed a part of the provisional application, an assignment recorded against the provisional application will be effective in the later application, similar to the practice with respect to continuations and divisions filed under 35 U.S.C. 120. See MPEP § 306. If an application claiming the benefit of the earlier filing date of a provisional application includes subject matter that is not common with subject matter of the provisional application, new assignment papers must be recorded for the application claiming the benefit of the provisional application, unless the later application is filed on or after September 16, 2012 and the assignee is the original applicant therein. This is similar to the practice with respect to continuations-in-part filed under 35 U.S.C. 120. See MPEP §§ 306, 307, and 308.
If an application which claims the benefit of the earlier filing date of a provisional application under 35 U.S.C. 119(e) includes only subject matter which formed a part of the provisional application, an assignment recorded against the provisional application will be effective in the later application, similar to the practice with respect to continuations and divisions filed under 35 U.S.C. 120. See MPEP § 306. If an application claiming the benefit of the earlier filing date of a provisional application includes subject matter that is not common with subject matter of the provisional application, new assignment papers must be recorded for the application claiming the benefit of the provisional application, unless the later application is filed on or after September 16, 2012 and the assignee is the original applicant therein. This is similar to the practice with respect to continuations-in-part filed under 35 U.S.C. 120. See MPEP §§ 306, 307, and 308.
Citations
| Primary topic | Citation |
|---|---|
| AIA Effective Dates | 35 U.S.C. § 119(e) |
| AIA Effective Dates | 35 U.S.C. § 120 |
| AIA Effective Dates | MPEP § 306 |
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 § 306.01 — Assignment of an Application Claiming the Benefits of a Provisional Application
Source: USPTO306.01 Assignment of an Application Claiming the Benefits of a Provisional Application [R-07.2015]
If an application which claims the benefit of the earlier filing date of a provisional application under 35 U.S.C. 119(e) includes only subject matter which formed a part of the provisional application, an assignment recorded against the provisional application will be effective in the later application, similar to the practice with respect to continuations and divisions filed under 35 U.S.C. 120. See MPEP § 306. If an application claiming the benefit of the earlier filing date of a provisional application includes subject matter that is not common with subject matter of the provisional application, new assignment papers must be recorded for the application claiming the benefit of the provisional application, unless the later application is filed on or after September 16, 2012 and the assignee is the original applicant therein. This is similar to the practice with respect to continuations-in-part filed under 35 U.S.C. 120. See MPEP §§ 306, 307, and 308.