What is the difference between a continuation and a continuation-in-part application?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-09

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

A continuation application and a continuation-in-part (CIP) application are both types of patent applications that stem from an earlier application, but they differ in their content:

  • Continuation application: Contains the same disclosure as the prior application without adding any new matter. As stated in MPEP 201.07, ‘A continuation application is an application for the invention(s) disclosed in a prior-filed copending nonprovisional application… The disclosure presented in the continuation must not include any subject matter which would constitute new matter if submitted as an amendment to the parent application.’
  • Continuation-in-part application: Repeats a substantial portion of the prior application but also adds new matter not disclosed in the parent application.

The key distinction is that a continuation-in-part introduces new subject matter, while a continuation does not.

Topics: MPEP 200 - Types and Status of Application; Benefit and Priority Patent Law Patent Procedure
Tags: Disclosure Individuals, Disclosure Timing, Materiality Standard, Prima Facie Case