How does assignment for applications claiming benefit of a provisional application compare to continuations and divisions?

The assignment process for applications claiming benefit of a provisional application is similar to that of continuations and divisions in certain circumstances:

• When the later application includes only subject matter from the provisional application, the assignment treatment is the same as for continuations and divisions filed under 35 U.S.C. 120.
• In these cases, an assignment recorded against the provisional application will be effective in the later application.

MPEP § 306.01 states: 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.

This similarity in treatment simplifies the assignment process when no new subject matter is introduced in the later application.

To learn more:

• provisional application
• assignment
• continuation
• division
• subject matter