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…

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How 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…

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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…

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How 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…

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