1 / 4

Continuations in part

Continuations in part. A continuation in part (“CIP”) is a type of continu ing application that: shares* the priority date of an earlier “parent” application adds information that was not in the parent application yet repeats some substantial portion of the parent's specification

alva
Download Presentation

Continuations in part

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript


  1. Continuations in part A continuation in part (“CIP”) is a type of continuing application that: • shares* the priority date of an earlier “parent” application • adds information that was not in the parent application • yet repeats some substantial portion of the parent's specification 35 USC 132(a) (no new matter); Rule 53(b)(2) (37 CFR §1.53) (CIPs and other types of continuING applications and their filing dates); MPEP 201.08 (CIPs) Tim Saulsbury -- Continuations in Part

  2. Continuing applications generally • Acontinuing application is filed to pursue additional claims to subject matter in a parent application • These child applications are often, but not always, filed to overcome problems the examiner has with the parent • There are 3 types: continuation, divisional and CIP. 35 USC 132(a); 37 CFR 1.53; MPEP 201.08 Tim Saulsbury -- Continuations in Part

  3. Possible Reasons for Filing a CIP • The applicant needs to amend the specification to satisfy § 112. E.g., the Examiner rejected claims in the parent for lack of support in the specification, then objects to an amendment to the specification because it introduces new matter. • After filing, the applicants improved their invention. They can use the priority date of the parent as a shield, at least as to what discloses. (But beware of 102b activities by the applicants that involve the NEW MATTER.) Tim Saulsbury -- Continuations in Part

  4. Dangers & benefits • Dangers: • loss of priority date if new matter is necessary to support claims; the priority date of such claims is the CIP date • shorter length of patent life if the CIP shares its parent’s priority date • cost of filing the continuing application • Benefits: the applicant can get claims that are more tailored or cover a wider range of activities by potential infringers Tim Saulsbury -- Continuations in Part

More Related