When is a new assignment required for a continuation-in-part (CIP) application?

A new assignment is generally required for a continuation-in-part (CIP) application, with one exception. According to MPEP 306:

Substitute or continuation-in-part applications require the recordation of a new assignment if they are to be issued to an assignee, unless the substitute or continuation-in-part application is filed on or after September 16, 2012, and the assignee is the original applicant therein.

This means:

  • For CIP applications filed before September 16, 2012: A new assignment is always required.
  • For CIP applications filed on or after September 16, 2012: A new assignment is required unless the assignee is the original applicant in the CIP application.

The reason for this requirement is that CIP applications often contain new subject matter not present in the original application, and the original assignment may not cover this new material.

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-in-part application, new assignment, patent procedure, principles