Can a continuation-in-part application claim priority to a provisional application?

Can a continuation-in-part application claim priority to a provisional application?

Yes, a continuation-in-part (CIP) application can claim priority to a provisional application, but with some important considerations. The MPEP 201.08 doesn’t explicitly address this scenario, but it can be inferred from the general rules governing CIP applications and provisional applications.

Key points to understand:

• Priority claim: A CIP can claim priority to a provisional application for subject matter disclosed in the provisional.
• New matter: Any new matter added in the CIP will have the filing date of the CIP itself, not the provisional application.
• One-year deadline: The CIP must be filed within one year of the provisional application’s filing date to claim its benefit.
• Multiple priorities: A CIP might claim priority to both a provisional and a non-provisional application in some cases.

Inventors should carefully document which parts of their CIP application correspond to the provisional disclosure to ensure proper priority claims.

For more information on new matter, visit: new matter.

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