How does the assignment process differ for continuation-in-part applications claiming benefit of a provisional application?

The assignment process for continuation-in-part (CIP) applications claiming benefit of a provisional application differs from standard continuations or divisions: If the CIP includes new subject matter not in the provisional application, new assignment papers are typically required. This requirement is similar to the practice for CIPs filed under 35 U.S.C. 120. An exception exists for…

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Can a deceased inventor’s legal representative sign an assignment for a patent application?

Can a deceased inventor’s legal representative sign an assignment for a patent application? Yes, a deceased inventor’s legal representative can sign an assignment for a patent application. According to MPEP 409.01(a): “The legal representative (executor, administrator, etc.) of a deceased inventor may make an assignment of the deceased inventor’s rights in the application as well…

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What is the difference between an assignment and an agreement to assign in the context of MPEP 409.03(f)?

MPEP 409.03(f) distinguishes between an assignment and an agreement to assign in the context of proving proprietary interest for pre-AIA 37 CFR 1.47(b) applications. The key differences are: Assignment: A completed transfer of rights in the invention. Agreement to Assign: A promise to transfer rights in the future, often conditional. For an assignment, MPEP 409.03(f)…

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What is the legal basis for correcting typographical errors in recorded assignment documents?

The legal basis for correcting typographical errors in recorded assignment documents is primarily found in the Manual of Patent Examining Procedure (MPEP) and the Code of Federal Regulations (CFR). Specifically: MPEP 323.01(b) outlines the procedures for correcting such errors. 37 CFR 3.41 provides the regulatory basis for the fees associated with these corrections. Additionally, case…

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