[Patentcenter] PPA Applicant Is Individual -- NPA Applicant to be LLC Assignee

[David Boundy]

This is one of the big differences between U.S. law and rest-of-world.

For a U.S.-to-U.S. benefit claim, you need the four continuities ---
continuity of inventorship (at least one inventor), continuity of
disclosure, continuity of pendency, and continuity of benefit claim.
Ownership and applicant are irrelevant.

For rest-of-world Paris Convention priority claim, you need same applicant
or successor in interest, continuity of disclosure, one year, and to make
the claim.  Pendency and inventorship are irrelevant.

Once you understand the underlying legal principles, you understand the
traps and what you have to do to stay out of them.



On Tue, Jun 17, 2025 at 11:48 AM Dale Quisenberry via Patentcenter <
patentcenter at oppedahl-lists.com> wrote:

> List mates,
>
>
>
> I have a situation where a provisional application was filed in the name
> of the inventor as the applicant.
>
>
>
> The inventor is going to assign the rights in the application to LLC, and
> then a non-provisional application claiming benefit of the provisional is
> to be filed naming the LLC as applicant.
>
>
>
> I seem to recall there are some gymnastics required relative to the ADS
> for the NPA.
>
>
>
> Can someone remind me what I need to do when filing the NPA?
>
>
>
> Thank you.
>
>
>
> Dale
>
>
>
> C. Dale Quisenberry
>
> Quisenberry Law PLLC
>
> 13910 Champion Forest Drive, Suite 203
>
> Houston, Texas 77069
>
> (832) 680.5000 (office)
>
> (832) 680.1000 (mobile)
>
> (832) 680.5555 (facsimile)
>
> www.quisenberrylaw.com
>
>
>
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*David Boundy *| Partner | Potomac Law Group, PLLC

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