How does the MPEP 409.03(f) guidance apply to continuation-in-part applications?
The guidance in MPEP 409.03(f) specifically addresses the issue of continuation-in-part (CIP) applications in relation to assignments. According to MPEP 409.03(f): “An assignment of an application and any ‘reissue, division, or continuation of said application’ does not itself establish an assignment of a continuation-in-part application. In re Gray, 115 USPQ 80 (Comm’r Pat. 1956).” This…
Read MoreHow do I prove an invention has been assigned in a pre-AIA 37 CFR 1.47(b) application?
To prove an invention has been assigned in a pre-AIA 37 CFR 1.47(b) application, you must submit the following: A copy of the assignment in English A statement under pre-AIA 37 CFR 3.73(b) by the assignee According to MPEP 409.03(f): “If the application has been assigned, a copy of the assignment (in the English language)…
Read MoreHow does assignment work for applications claiming benefit of a provisional application?
For applications claiming the benefit of a provisional application under 35 U.S.C. 119(e), the assignment process depends on the content of the later application: If the later application includes only subject matter from the provisional application, an assignment recorded against the provisional application will be effective for the later application. If the later application includes…
Read MoreHow 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…
Read MoreHow does the September 16, 2012 date affect assignment for applications claiming benefit of a provisional application?
The September 16, 2012 date is significant for assignment procedures in applications claiming the benefit of a provisional application. For applications filed on or after this date, the assignment rules are more flexible: If the application includes new subject matter not in the provisional application, new assignment papers are not required if the assignee is…
Read MoreWhat fees are required to correct a typographical error in a recorded assignment?
When correcting a typographical error in a recorded assignment document, fees are required. The MPEP 323.01(b) states: The affidavit or declaration must be accompanied by a copy of the originally recorded papers, a cover sheet, and the required fee for each application or patent to be corrected (37 CFR 3.41). The specific fee amount is…
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