MPEP 306 - Assignment of Division, Continuation, Substitute, and Continuation-in-Part in ...

Описание: MPEP 300 - Ownership and Assignment (playlist, 19 videos)
   • MPEP 300 - Ownership and Assignment  

Section Summary
MPEP § 306: “Assignment of Division, Continuation, Substitute, and Continuation-in-Part in Relation to Parent Application” — This section explains how ownership rights are applied when one patent application is related to another through division, continuation, substitute, or continuation-in-part filings. It clarifies that for division and continuation applications, a prior assignment recorded against the original (parent) application automatically extends to the new application, since the assigned rights cover the shared subject matter. However, for substitute and continuation-in-part applications, a prior assignment does not automatically carry over because these filings may include new subject matter, requiring a separate assignment to be recorded unless specific modern filing conditions apply (such as post-September 16, 2012 filings where the assignee is the original applicant). The section also covers assignments involving applications that claim the benefit of a provisional filing, explaining that assignments extend to later applications only when the subject matter overlaps entirely; otherwise, new assignment papers must be recorded.

Illustration Explanation
The image represents how assignments from a parent patent application extend or require renewal for its derivative applications, showing the procedural branching and re-recording needed when subject matter changes or continues from the original filing.

Edition Referenced
Manual of Patent Examining Procedure (MPEP)
Ninth Edition, Revision 01.2024

Disclaimer
This summary of the MPEP was generated using AI tools, including ChatGPT and NotebookLM, and may contain errors or omissions. It is provided for general educational and informational purposes only and is not legal advice or a substitute for formal instruction. For authoritative guidance, consult the official MPEP, a qualified instructor, or a registered patent practitioner.

MPEP (Manual of Patent Examining Procedure)
https://www.uspto.gov/web/offices/pac...

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Mike Sheppard