How do I identify a provisional application in an assignment executed before filing?
This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.
When assigning a provisional application before it’s filed, you must use specific identifying information. MPEP 302.03 provides guidance: “If an assignment of a provisional application under § 1.53(c) of this chapter is executed before the provisional application is filed, it must identify the provisional application by the name of each inventor and the title of the invention so that there can be no mistake as to the provisional application intended.” This ensures that the correct provisional application can be associated with the assignment once it’s filed.