How does continuity relate to copendency in patent applications?
Continuity in patent applications refers to the relationship of copendency of the same subject matter in two different applications naming the same inventor or at least one joint inventor in common. The MPEP 211.01(b) states:
“The term ‘continuity’ is used to express the relationship of copendency of the same subject matter in two different applications naming the same inventor or at least one joint inventor in common.”
Continuing applications include:
- Divisional applications
- Continuation applications
- Continuation-in-part applications
It’s important to note that the prior application may disclose more than the later-filed application, or vice versa. In either case, the later-filed application is entitled to the benefit of the filing date of the prior application for the common subject matter disclosed in compliance with 35 U.S.C. 112(a).
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