When can a continuation-in-part patent application be filed?

Continuation-in-part applications are generally filed in instances where applicants seek to add matter to the disclosure which is not supported by the disclosure of the international application as originally filed, as new matter may not be added to a U.S. national stage application. See 37 CFR 1.121(f).

Can a parent application be prior art to a CIP?

application disclosed more than a year earlier, the parent can be used as prior art against the CIP claim. 22 Therefore, the applicant should strive to file the CIP (or at least a provisional application for the CIP) within one year of when the parent application publishes.

Can your own patent be prior art?

Under both Sections, when you file a new patent application, your company’s previously filed applications can potentially be applied as prior art against the new application.

What are continuation patents?

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.

Can you file a continuation application on 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 continuation and a divisional patent 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.