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

This is the Ninth Edition of the MPEP, Revision 08.2017, Last Revised in January 2018

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306.01    Assignment of an Application Claiming the Benefits of a Provisional Application [R-07.2015]

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. See MPEP § 306. If an application claiming the benefit of 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, unless the later application is filed on or after September 16, 2012 and the assignee is the original applicant therein. This is similar to the practice with respect to continuations-in-part filed under 35 U.S.C. 120. See MPEP § 306, § 3.7, and § 3.8.