MPEP Section 306.01, Assignment of an Application Claiming the Benefits of a Provisional Application

Executive summary:

This document contains Section 306.01 ("Assignment of an Application Claiming the Benefits of a Provisional 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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306.01 Assignment of an Application Claiming the Benefits of a Provisional Application [R-3]

If an application which claims 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. See MPEP § 306. If an application claiming the earlier filing date of a provisional application includes subject matter that is not common with subject matter of the provisional application, new assignment papers must be **>recorded for< the * application >claiming the benefit of the provisional application<, similar to the practice with respect to continuations-in-part filed under 35 U.S.C. 120. See MPEP § 306.