What is a continuation-in-part (CIP) application?
A continuation-in-part (CIP) application is an application filed during the lifetime of a prior nonprovisional application, repeating some substantial portion or all of the prior application and adding matter not disclosed in the prior application.
As stated in the MPEP:
A continuation-in-part is an application filed during the lifetime of a prior-filed nonprovisional application, international application designating the United States, or international design application designating the United States repeating some substantial portion or all of the prior-filed application and adding matter not disclosed in the prior-filed application.
Key points about CIP applications:
- A CIP application may only be filed under 37 CFR 1.53(b).
- The CIP application must claim the benefit of the prior-filed application under 35 U.S.C. 120, 121, 365(c), or 386(c).
- A CIP application CANNOT be filed as a continued prosecution application (CPA) under 37 CFR 1.53(d).
- The mere filing of a CIP application does not itself create a presumption that the applicant acquiesces in any rejections which may be outstanding in the copending parent application.
For more information on continuation-in-part application, visit: continuation-in-part application.
For more information on new matter, visit: new matter.
For more information on patent application types, visit: patent application types.