How are assignment records for related patent applications handled?

The handling of assignment records for related patent applications, such as divisional, continuation, or continuation-in-part applications, is addressed in MPEP 301.01. The key point is:

If the application on which a patent was granted is a division, continuation, or continuation-in-part of an earlier application, the assignment records of that earlier application will be open to public inspection because copies or access may be supplied to the earlier application pursuant to 37 CFR 1.14.

This policy has several implications:

  • Once a patent is granted on a related application, the assignment records of the parent application become publicly accessible.
  • This applies even if the parent application was previously unpublished or abandoned.
  • The public accessibility extends to all assignment records in the chain of related applications leading to the granted patent.

This approach ensures transparency in the ownership history of patented inventions, allowing interested parties to trace the chain of title through related applications. It’s important for applicants and assignees to be aware of this when considering their IP strategy and the potential disclosure of ownership information for related applications.

For more information on continuation applications, visit: continuation applications.

For more information on public inspection, visit: public inspection.

Topics: MPEP 300 - Ownership and Assignment, MPEP 301-Ownership/Assignability of Patents and Applications, Patent Law, Patent Procedure
Tags: continuation applications, public inspection