What is a Bauman type continuation application in the context of reissue applications?
A Bauman type continuation application is a regular continuation application filed from a reissue application, rather than a continuation reissue application. The MPEP explains:
It is possible to file a 35 U.S.C. 111(a) continuing application of a reissue application. See In re Bauman, 683 F.2d 405, 409, 214 USPQ 585, 589 (CCPA 1982) (a patentee may file a regular continuation of a reissue application that obtains the benefit of the reissue application’s filing date).
However, filing a Bauman type continuation has significant effects:
First, the claims in a Bauman type continuation or divisional application will not have the same effective U.S. filing date as the original patent. […] Second, a decision to file a Bauman type continuation or divisional application instead of a continuation or divisional reissue application results in the inability to file any subsequent reissues of the original patent once there are no pending applications for reissue of the original patent.
It’s important to clearly identify whether an application is intended to be a continuation reissue or a Bauman type continuation to avoid unintended consequences.
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