What is a patent continuation in part?
Patent continuation in part is a type of patent application that adds to or stems from an original, non provisional patent application. These can be called continuation patent applications, CIP (continuation in part) applications, or divisional applications.
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).
What is the difference between a divisional and a continuation 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.
Which section of the AIA precludes inventor own disclosure?
102(a)(1) indicates that a prior patent of a claimed invention will preclude the grant of a subsequent patent on the claimed invention. This means that if a claimed invention was patented in this or a foreign country before the effective filing date of the claimed invention, AIA 35 U.S.C.
What does continuation application mean?
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.
Who is an inventor MPEP?
Under United States patent law, an inventor is a person who contributes to at least one claim of the patent application. The threshold question to determine if a person is an inventor is who conceived the invention. MPEP Section 2137.01 provides additional guidance regarding the definition of an inventor.
When to file continuation in part under pre AIA?
When applicant files a continuation-in-part application, none of whose claims are supported by the parent application under pre-AIA 35 U.S.C. 112, first paragraph, the effective filing date is the filing date of the child CIP.
When to file a continuation in part application?
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.
What is the specific reference for continuation in part?
The specific reference must identify the parent international application by international application number and international filing date and indicate the relationship of the applications (i.e., continuation, continuation-in-part, or division). See 37 CFR 1.78 (d) (2) and MPEP § 211.02.
How are CIP applications different from continuation applications?
First, a CIP application is designed to let the applicant add subject matter, unlike an ordinary continuation application. The applicant can, for example, modify the existing disclosure, expand descriptions (e.g., to make sure that claims for an important feature are fully supported) or add paragraphs disclosing new subject matter.