What are the assignment rules for substitute and continuation-in-part applications?

The assignment rules for substitute and continuation-in-part applications differ from those for division and continuation applications. As per the MPEP, a prior assignment of the original application is not applied (effective) to the substitute or continuation-in-part application because the assignment recorded against the original application gives the assignee rights to only the subject matter common…

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What is the difference between an ‘original’ and a ‘substitute’ application?

According to MPEP 201.02, there are important distinctions between ‘original’ and ‘substitute’ applications: Original Application: This term is used in patent statutes and rules to refer to an application that is not a reissue application. An original application can be either a first filing or a continuing application. Substitute Application: The MPEP defines a substitute…

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What is the difference in assignment between division/continuation and substitute/CIP applications?

The key difference in assignment between division/continuation applications and substitute/continuation-in-part (CIP) applications lies in how prior assignments are applied: Division/Continuation Applications: Prior assignments recorded against the original application automatically apply to these applications. As stated in MPEP 306: In the case of a division or continuation application, a prior assignment recorded against the original application…

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Do substitute and continuation-in-part applications require new assignments?

Yes, substitute and continuation-in-part (CIP) applications generally require new assignments. As stated in MPEP 306: In the case of a substitute or continuation-in-part application, a prior assignment of the original application is not applied (effective) to the substitute or continuation-in-part application because the assignment recorded against the original application gives the assignee rights to only…

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What is a substitute application?

A substitute application is a type of national application that is filed to replace a previously filed non-provisional or provisional application. It is used when an applicant wants to start over with a new application while maintaining the benefit of the earlier filing date for common subject matter. Key points about substitute applications: They are…

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What is a ‘substitute’ application in patent law?

A ‘substitute’ application in patent law is essentially a duplicate of an earlier application that was abandoned before the filing of the later application. The MPEP provides the following definition: A “substitute” application is in essence the duplicate of an application by the same applicant abandoned before the filing of the later application. Key points…

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