How does a continuation-in-part (CIP) application affect benefit claims under 35 U.S.C. 120 for design patents?

A continuation-in-part (CIP) application can affect benefit claims under 35 U.S.C. 120 for design patents in the following ways:

• The claimed design in a CIP application must be disclosed in the original application to be entitled to the benefit of the earlier filing date.
• If the design in the CIP is not fully disclosed in the earlier application, it is not entitled to the benefit of the earlier filing date under 35 U.S.C. 120.
• Changes in the shape or configuration of a design disclosed in an earlier application may disqualify the CIP from claiming benefit of the earlier filing date.

The MPEP states: “Only when the claim of the continuation-in-part application is disclosed in the manner provided by 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph in the earlier non-provisional application will the claim be entitled to the benefit of the filing date of the earlier nonprovisional application.“

If the CIP application is not entitled to the benefit of the earlier filing date, the examiner may use form paragraph 15.74.01 to notify the applicant.

To learn more:

• continuation-in-part
• CIP
• benefit claims
• 35 U.S.C. 120
• design patents
• disclosure requirements