What happens to the parent application when a continuation is filed?
What happens to the parent application when a continuation is filed?
Filing a continuation application does not automatically affect the status of the parent application. As stated in MPEP 201.07:
‘A continuation application may be filed under 35 U.S.C. 111(a) or 363 while the prior application is pending, or after the prosecution and patent term adjustment time periods have expired, or after the prior application has become abandoned or issued as a patent.’
This means that:
- If the parent application is still pending, it remains active and can continue through the examination process.
- If the parent application has already been issued as a patent, it remains a valid patent.
- If the parent application has been abandoned, filing a continuation does not revive it.
It’s important to note that while a continuation can be filed at various stages of the parent application’s lifecycle, the applicant may need to make strategic decisions about how to proceed with the parent application. For example:
- They may choose to abandon the parent application in favor of the continuation.
- They may continue prosecuting both applications simultaneously.
- They may allow the parent to issue as a patent and use the continuation to pursue additional claims.
The choice often depends on the specific circumstances and the applicant’s patent strategy.
For more information on continuation application, visit: continuation application.