| Patents > Search Colections > MPEP > 306 Assignment of Division, Continuation, Substitute, and Continuation-in-Part in Relation to Parent Application [R-3] - 300 Ownership and Assignment |
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306 Assignment of Division, Continuation, Substitute, and Continuation-in-Part in Relation to Parent Application [R-3] - 300 Ownership and Assignment
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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