What happens if a copending application is abandoned after filing a continuation application?
What happens if a copending application is abandoned after filing a continuation application?
If a copending application is abandoned after filing a continuation application, it does not affect the continuation application’s status. The MPEP states:
“The copendency requirement of 35 U.S.C. 120 is met if the later-filed application is filed before the patenting or abandonment of or termination of proceedings on the prior application.”
This means that as long as the continuation application was filed while the prior application was still pending, subsequent abandonment of the prior application does not impact the continuation’s validity. The continuation application can still claim the benefit of the prior application’s filing date.
For more information, refer to MPEP 211.01.
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Topics:
MPEP 200 - Types and Status of Application; Benefit and Priority,
Patent Law,
Patent Procedure