What is the difference between a parent application and a child application in patent law?

What is the difference between a parent application and a child application in patent law?

In patent law, the terms ‘parent application’ and ‘child application’ refer to the relationship between related patent applications. According to MPEP 201.02:

“The term parent application is used to refer to the immediate prior application from which a continuing application claims priority.”

“A child application is an application that claims the benefit of an earlier filing date from a parent application.”

Key differences:

• Parent application: The original or earlier-filed application
• Child application: A subsequent application that claims priority from the parent
• Child applications can be continuations, divisionals, or continuations-in-part
• The parent-child relationship establishes a priority claim under 35 U.S.C. 120

Understanding this relationship is crucial for determining priority dates and the scope of patent protection in related applications.

For more information on 35 U.S.C. 120, visit: 35 U.S.C. 120.

For more information on parent application, visit: parent application.

For more information on patent application types, visit: patent application types.