How does assignment work for division and continuation applications?

For division and continuation applications, a prior assignment recorded against the original application is automatically applied to the new application. This is because the assignment recorded against the original application gives the assignee rights to the subject matter common to both applications.

However, it’s important to note that while the assignment is effective for the new application, the USPTO’s assignment records will not automatically reflect this. As stated in the MPEP: Although the assignment recorded against an original application is applied to the division or continuation application, the Office’s assignment records will only reflect an assignment of a division or continuation application (or any other application) if a request for recordation in compliance with 37 CFR 3.28, accompanied by the required fee (37 CFR 3.41), is filed.

Topics: 'MPEP 306-Assignment of Division, and Continuation-in-Part in Relation to Parent Application', MPEP 300 - Ownership and Assignment, Patent Law, Patent Procedure
Tags: continuation application, division application, patent assignment, USPTO records