What is the impact of continuation-in-part applications on effective filing dates?
Continuation-in-part (CIP) applications can have a significant impact on effective filing dates. According to MPEP 2154.01(b):
The AIA draws a distinction between actually filed and effectively filed dates. The “effectively filed” date of a subject matter described in a U.S. patent document is the earlier of: (1) The actual filing date of the patent or the application for the patent containing the subject matter; or (2) The filing date of the earliest application to which the patent or application is entitled to claim a right of priority or benefit which describes the subject matter.
For CIP applications, this means that different parts of the application may have different effective filing dates. Subject matter carried over from the parent application can claim the parent’s filing date, while new matter added in the CIP will have the CIP’s filing date as its effective filing date.
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