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 new subject matter not in the provisional application, new assignment papers must be recorded for the later application, unless it was filed on or after September 16, 2012, and the assignee is the original applicant.

As stated in MPEP § 306.01: If an application which claims the benefit of the earlier filing date of a provisional application under 35 U.S.C. 119(e) includes only subject matter which formed a part of the provisional application, an assignment recorded against the provisional application will be effective in the later application, similar to the practice with respect to continuations and divisions filed under 35 U.S.C. 120.

To learn more:

• provisional application
• assignment
• continuation-in-part
• subject matter