When can a continuation-in-part (CIP) application be filed for a PCT application?
A continuation-in-part (CIP) application can be filed for a PCT application designating the United States during its pendency, before abandonment. However, it’s important to note that CIP applications are typically filed when applicants need to add new matter to the disclosure.
The MPEP states: “Continuation-in-part applications are generally filed in instances where applicants seek to add matter to the disclosure which is not supported by the disclosure of the international application as originally filed, as new matter may not be added to a U.S. national stage application.” This is because 37 CFR 1.121(f) prohibits adding new matter to a U.S. national stage application.
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