Can provisional applications be assigned? If so, does the subsequent nonprovisional application have to be separately assigned?
Ans.: Yes, a provisional application can be assigned. Separate assignments for the provisional application and subsequently filed nonprovisional application should be submitted if the subsequently filed nonprovisional application includes subject matter not included in the provisional application. 31. Will the filing of a provisional application affect the order of examination of a nonprovisional application that relies on a provisional application? That is, will a nonprovisional application be taken up for examination based upon the nonprovisional application filing date or the provisional application filing date? Ans.: No. Since the provisional application filing date does not start the patent term, starting examination in a nonprovisional application based on the provisional application filing date would not be fair relative to those applications that do not rely on a provisional application.
Related Questions
- Can provisional applications be assigned? If so, does the subsequent nonprovisional application have to be separately assigned?
- Can you rely on a plurality of provisional applications in a subsequent filed nonprovisional application?
- What is the difference between a provisional and nonprovisional patent application?
