MPEP Section 306, Assignment of Division, Continuation, Substitute, and Continuation-in-Part in Relation to Parent Application

Executive summary:

This document contains Section 306 ("Assignment of Division, Continuation, Substitute, and Continuation-in-Part in Relation to Parent Application") of the Manual of Patent Examining Procedure (the "M.P.E.P."), Eighth Edition, Eighth Revision (July 2010). This page was last updated in January 2011. You may return to the section index to find a particular section. Alternatively, you may search the MPEP using the search box that appears on the left side of every page of BitLaw--you may restrict your search to the MPEP on the search results page.

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306 Assignment of Division, Continuation, Substitute, and Continuation-in-Part in Relation to Parent Application [R-3]

In the case of a division or continuation application, a prior assignment recorded against the original application is applied >(effective)< to the division or continuation application because the assignment recorded against the original application gives the assignee rights to the subject matter common to both applications. >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.<

In the case of a substitute or continuation-in-part application, a prior assignment of the original application is not applied >(effective)< to the substitute or continuation-in-part application because the assignment recorded against the original application gives the assignee rights to only the subject matter common to both applications. Substitute or continuation-in-part applications require >the recordation of< a new assignment if they are to be issued to an assignee. >See 37 CFR 3.81.<

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