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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

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Continuations in part

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  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

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