Do you need a new assignment for a continuation-in-part?
Sarah Martinez
Published Mar 23, 2026
Do you need a new assignment for a continuation-in-part?
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.
When can you file a continuation-in-part?
A continuation-in-part is an application filed during the lifetime of an earlier nonprovisional application, repeating some substantial portion or all of the earlier nonprovisional application and adding matter not disclosed in the earlier nonprovisional application.
What is the difference between a continuation and a continuation-in-part?
The claims of the CIP type of application that are relevant to the subject matter of the parent application will have the filing date of the parent application….Continuation-in-Part Application.
| Continuation Application | Continuation-in-Part Application |
|---|---|
| One can make changes only to the claims section. | One can add subject matter to the application. |
What is a continuation-in-part patent?
A “continuation-in-part” application (“CIP” or “CIP application”) is one in which the applicant adds subject matter not disclosed in the parent patent application, but repeats a substantial portion of the parent’s specification, and shares at least one inventor with the parent application.
How do I change my applicant on Uspto?
CHANGE OF APPLICANT Any request to change the applicant must include an application data sheet under 37 CFR 1.76 specifying the applicant in the applicant information section in accordance with 37 CFR 1.76(c)(2) and must comply with 37 CFR 3.71 and 3.73.
Do patent assignments need to be witnessed?
For a patent assignment agreement to be valid in the U.S., it must be notarized—or at least signed in front of two witnesses.
What’s a continuation application?
In simple terms, a “continuation” application is a new patent application allowing one to pursue additional claims based upon the same description and priority date(s) as a pending “parent” application. Continuation applications are a flexible tool, useful for furthering numerous business objectives.
What is 35 USC 111 A?
An application for patent shall be made, or authorized to be made, by the inventor, except as otherwise provided in this title, in writing to the Director. an oath or declaration as prescribed by section 115.
Can you file a continuation application after the issue date?
Applicants are encouraged to file any continuing applications no later than the date the issue fee is paid, to avoid issuance of the prior application before the continuing application is filed.
What is the difference between a divisional and a continuation application?
A Continuation allows an inventor to modify the claims, so long as the specification remain unchanged. A Divisional allows an inventor to split an application into two (or more) applications for patent, usually because the original application was attempting to claim multiple inventions simultaneously.
Who is Applicant USPTO?
If a person is applying for a patent as provided in 37 CFR 1.46, the word “applicant” refers to the assignee, the person to whom the inventor is under an obligation to assign, or the person who otherwise shows sufficient proprietary interest in the matter, who is applying for the patent under 37 CFR 1.46 and not the …
What is terminal disclaimer USPTO?
A terminal disclaimer is a statement in which a patentee or applicant disclaims or dedicates to the public the entire term or any terminal part of the term of a patent or patent to be granted (filed in an application).
