MPEP § 306 — MPEP § 306
Current through: 2022-07-01

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

 
 
 
 
 
 
 
 

 

 
 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 
 
 
 

 
 
 
 
 
 
 
 
 
 
 

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 Manual of Patent Examining Procedure 

 Chapter 0300 

 Section 306 
 

 
 
 
 
 
 306 Assignment of Division, Continuation, Substitute, and
 Continuation-in-Part in Relation to Parent Application [R-07.2015]
 

 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, unless the substitute or
 continuation-in-part application is filed on or after September 16, 2012, and the assignee
 is the original applicant therein. See 37 CFR 3.81 . See also
 MPEP §§
 307 and 308 .
 

 
 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 , 307 , and 308 .
 

 

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 301-Ownership/Assignability of Patents and Applications 
 301.01-Accessibility of Assignment Records 

 
 

 302-Recording of Assignment Documents 
 302.01-Assignment Document Must Be Copy for Recording 

 302.02-Translation of Assignment Document 

 302.03-Identifying Patent or Application 

 302.04-Foreign Assignee May Designate Domestic Representative 

 302.05-Address of Assignee 

 302.06-Fee for Recording 

 302.07-Assignment Document Must Be Accompanied by a Cover Sheet 

 302.08-Mailing Address for Submitting Assignment Documents 

 302.09-Facsimile Submission of Assignment Documents 

 302.10-Electronic Submission of Assignment Documents 

 
 

 303-Assignment Documents Not Endorsed on Pending Applications 

 304‑305-[Reserved] 

 306-Assignment of Division, Continuation, Substitute, and Continuation-in-Part in Relation to Parent Application 
 306.01-Assignment of an Application Claiming the Benefits of a Provisional Application 

 
 

 307-Issue to Non-Applicant Assignee 

 308-Issue to Applicant 

 309-Restrictions Upon Employees of U.S. Patent and Trademark Office 

 310-Government License Rights to Contractor-Owned Inventions Made Under Federally Sponsored Research and Development 

 311-Filing of Notice of Arbitration Awards 

 312-[Reserved] 

 313-Recording of Licenses, Security Interests, and Documents Other Than Assignments 

 314-Certificates of Change of Name or of Merger 

 315-Indexing Against a Recorded Certificate 

 316-[Reserved] 

 317-Handling of Documents in the Assignment Recordation Branch 
 317.01-Recording Date 

 317.02-Correction of Unrecorded Returned Documents and Cover Sheets 

 317.03-Effect of Recording 

 
 

 318-Documents Not to be Placed in Files 

 319-[Reserved] 

 320-Title Reports 

 321‑322-[Reserved] 

 323-Procedures for Correcting Errors in Recorded Assignment Document 
 323.01-Correction of Error in Recorded Cover Sheet 
 323.01(a)-Typographical Errors in Cover Sheet 

 323.01(b)-Typographical Errors in Recorded Assignment Document 

 323.01(c)-Assignment or Change of Name Improperly Filed and Recorded by Another Person Against Owner’s Application or Patent 

 323.01(d)-Expungement of Assignment Records 

 
 

 
 

 324-Establishing Right of Assignee To Take Action in Application Filed Before September 16, 2012 

 325-Establishing Right of Assignee To Take Action in Application Filed On or After September 16, 2012 

 

 

 
 

 
 
 

 
 

 

 
 
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 Last Modified: 
 
 03/09/2026 20:49:42