How does a CIP application differ from a regular continuation application?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-09

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

A continuation-in-part (CIP) application differs from a regular continuation application in that it adds new disclosure not present in the prior application. While both types of applications repeat substantial portions of a prior application, only a CIP introduces new subject matter.

The MPEP states: This application repeats a substantial portion of prior Application No.[1], filed[2], and adds disclosure not presented in the prior application. (MPEP ¶ 2.06) This additional disclosure is what sets a CIP apart from a standard continuation.

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

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

Topics: MPEP 200 – Types and Status of Application; Benefit and Priority MPEP 201 – Types of Applications Patent Law Patent Procedure
Tags: Composition Category, Disclosure Individuals, Disclosure Timing, Plant Distinct Variety, Plant Subject Matter