What is the significance of the term ‘copending’ in continuation applications?

What is the significance of the term ‘copending’ in continuation applications?

The term ‘copending’ is crucial in the context of continuation applications. According to MPEP 201.07:

A continuation application is an application for the invention(s) disclosed in a prior-filed copending nonprovisional application, international application designating the United States, or international design application designating the United States.

The significance of ‘copending’ is as follows:

• Timing: It means that the continuation application must be filed before the prior application is patented, abandoned, or terminated.
• Continuous chain: It ensures a continuous chain of pending applications, maintaining the priority date of the original filing.
• Benefit claims: Copendency is required for a continuation to claim the benefit of the earlier filing date of the parent application.

If applications are not copending, the continuation may lose the benefit of the earlier filing date, potentially affecting patentability if intervening prior art exists.

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

For more information on patent procedure, visit: patent procedure.