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.
The copendency requirement is a crucial aspect of filing a continuation application. According to MPEP 201.07:
‘The continuation application must be filed before the patenting or abandonment of or termination of proceedings on the prior application.’
This means that:
- The continuation application must be filed while the parent application is still pending (not patented, abandoned, or otherwise terminated).
- If the parent application has already been issued as a patent or has been abandoned, it’s too late to file a continuation application.
- The continuation application can be filed on the same day that the parent application is to be issued as a patent, but it must be filed before the parent application officially becomes a patent.
Maintaining copendency is critical for preserving the benefit of the earlier filing date and ensuring the validity of the continuation application.
For more information on continuation application, visit: continuation application.
For more information on copendency, visit: copendency.