How are continuation-in-part (CIP) applications filed under former 37 CFR 1.62 treated?
Continuation-in-part (CIP) applications filed under former 37 CFR 1.62 on or after December 1, 1997, are treated as improper applications, regardless of the original application’s filing date.
The MPEP specifically states: A request filed on or after December 1, 1997, under former 37 CFR 1.62 for a continuation-in-part (CIP) application, or for a continuation or divisional of an application having a filing date before June 8, 1995, will be treated as an improper application.
This means that applicants seeking to file a CIP application after December 1, 1997, would need to use a different filing procedure, such as filing a new application under 37 CFR 1.53(b).
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Topics:
MPEP 200 - Types and Status of Application; Benefit and Priority,
Patent Law,
Patent Procedure