What is the difference between a continuation and a continuation-in-part application?

A continuation application and a continuation-in-part (CIP) application are both types of patent applications that stem from an earlier application, but they differ in their content:

  • Continuation application: Contains the same disclosure as the prior application without adding any new matter. As stated in MPEP 201.07, ‘A continuation application is an application for the invention(s) disclosed in a prior-filed copending nonprovisional application… The disclosure presented in the continuation must not include any subject matter which would constitute new matter if submitted as an amendment to the parent application.’
  • Continuation-in-part application: Repeats a substantial portion of the prior application but also adds new matter not disclosed in the parent application.

The key distinction is that a continuation-in-part introduces new subject matter, while a continuation does not.

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Topics: MPEP 200 - Types and Status of Application; Benefit and Priority, Patent Law, Patent Procedure
Tags: Cip, continuation application, new matter, patent application types