Questions tagged [continuation-in-part]
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27 questions
1 vote
0 answers
29 views
When filing a new non-provisional that's a CIP of two prior applications, can you use only the latter date in the ADS to extend the patent life?
I am filing a new nonprovisional application that is a CIP that will reference two prior nonprovisional applications - in the ADS if I claim priority the "July 2020" does the 20-year time ...
- 29
1 vote
1 answer
205 views
Claiming priority in EPO from a US Continuation/CIP Patent Applicaiton?
Scenario: My client filed a US Provisional 3 years ago and followed it up with a non-provisional 2 years ago. The patent has not been allowed (pending grant since issue fee hasn't been paid yet). ...
- 11
1 vote
1 answer
160 views
Effects on continuation-in-part of now-abandoned patent
Google Patents says that US patent application US11/673,907 is now abandoned for "FAILURE TO RESPOND TO AN OFFICE ACTION". But before it was abandoned US29/339,218 was filed as a ...
- 113
0 votes
1 answer
52 views
What does the name "continuation in part" mean?
I understand that a "straight" continuation allows for the addition of new claims, but no new matter in the description. I also understand that a "continuation in part" allows for ...
- 253
1 vote
1 answer
70 views
Can I restore material from a parent application deleted in an intervening CIP and not lose the parent’s priority?
The parent application was filed in 2019 based on a provisional filed in 2018. I didn’t fast track the parent, thus it is still pending, and it contained enough material for several patents. Since ...
- 217
1 vote
1 answer
128 views
Does a CIP IDS require a copy of the parent US application?
I'm filing 2 CIPs on a US parent application that was published less than a year ago, with the specification cross-referencing the parent and a couple of later provisionals. Should the IDSs list any ...
- 217
1 vote
1 answer
67 views
Will a request for expedited examination of a CIP force an office action on a languishing parent application?
I have one patent application filed and two more coming soon, all on the same general subject matter. Application A was filed in 2018 and has yet to see action, and I will soon be filing applications ...
- 217
0 votes
1 answer
113 views
Can I bring the content from parent provisional application to a continuation?
Let's just say, I filed a Provisional Application in Jan 2019. I filed a non-provisional in Dec 2019 by claiming priority to the Provisional, properly. But I missed some content in non-provisional ...
- 373
0 votes
1 answer
34 views
Docket numbers of CIPs with electronic filing
As a practical matter, is it better to use the same docket number with electronic filings for CIPs of a parent application, or different ones?
- 217
1 vote
1 answer
319 views
Can a CIP claim priority to a provisional application filed after the parent non-provisional?
I filed a first provisional and a non-provisional claiming priority to the first provisional less than a year later. Now I've made substantial improvements and would like to protect it before the non-...
- 217
0 votes
1 answer
114 views
When exactly your own disclosures will be used as prior art against you?
If I understand correctly USPTO is a "relative novelty" office. There is a grace period of 1 year. Whereas EPO is an "absolute novelty" office. Anything disclosed before filing will be used against ...
- 373
1 vote
1 answer
56 views
Co-inventorship when claims based on the contributing inventor's concepts are dropped during prosecution
First, an explanation of the overall context is needed: A CIP has been filed by a sole inventor (me). After filing, it was decided that another individual probably should have been credited as a co-...
- 643
1 vote
1 answer
46 views
Describing your own prior art in specs for a CIP
In a CIP application that is essentially an improvement on one's own prior art: Should specifications review and summarize what the parent patent (or application) does (maybe state that patent's ...
- 643
0 votes
1 answer
208 views
Repeating claims in a CIP that are identical to those in the parent application or granted parent patent
In a Continuation in Part application, and referring only to those claims from the original application where they, and the specifications they refer to, are remaining unchanged – is there any need to ...
- 643
1 vote
1 answer
273 views
Does a continuation-in-part keep a USPTO patent family alive in the same way as a continuation?
A patent can be "kept alive" by filing a continuation before the patent issues, and then continuing to file continuations in the same manner in a chain of applications. Does the same hold for filing ...
