Patent Law FAQ
This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.
MPEP 200 – Types and Status of Application; Benefit and Priority (1)
Can a continuation-in-part (CIP) application claim benefit to a provisional application?
Yes, a continuation-in-part (CIP) application can claim benefit to a provisional application, but there are important considerations regarding the disclosure and priority dates. The MPEP provides guidance on this:
“An applicant may claim the benefit of the filing date of a provisional application in a subsequent nonprovisional application or international application designating the United States if the nonprovisional application or international application designating the United States is filed within 12 months from the filing date of the provisional application.”
However, it’s crucial to understand that:
- Only the subject matter that was disclosed in the provisional application will receive the benefit of the provisional filing date.
- New matter added in the CIP will have the filing date of the CIP application itself.
- The applicant must comply with the requirements of 35 U.S.C. 119(e) and 37 CFR 1.78.
For more details on claiming benefit of provisional applications, see MPEP 211.
To learn more:
Patent Law (2)
Can a continuation-in-part (CIP) application claim benefit to a provisional application?
Yes, a continuation-in-part (CIP) application can claim benefit to a provisional application, but there are important considerations regarding the disclosure and priority dates. The MPEP provides guidance on this:
“An applicant may claim the benefit of the filing date of a provisional application in a subsequent nonprovisional application or international application designating the United States if the nonprovisional application or international application designating the United States is filed within 12 months from the filing date of the provisional application.”
However, it’s crucial to understand that:
- Only the subject matter that was disclosed in the provisional application will receive the benefit of the provisional filing date.
- New matter added in the CIP will have the filing date of the CIP application itself.
- The applicant must comply with the requirements of 35 U.S.C. 119(e) and 37 CFR 1.78.
For more details on claiming benefit of provisional applications, see MPEP 211.
To learn more:
The 30-month period for national stage entry is calculated from the priority date of the international application. The priority date is typically the filing date of the earliest application whose priority is claimed in the international application.
MPEP 601.04 states: “For most applications, the 30-month time period for entry into the national stage expires on the same day of the month as the date of the priority claim in the 30th subsequent month.” However, it’s important to note that if the 30-month period expires on a Saturday, Sunday, or federal holiday, the period is extended to the next succeeding business day.
To learn more:
Patent Procedure (2)
Can a continuation-in-part (CIP) application claim benefit to a provisional application?
Yes, a continuation-in-part (CIP) application can claim benefit to a provisional application, but there are important considerations regarding the disclosure and priority dates. The MPEP provides guidance on this:
“An applicant may claim the benefit of the filing date of a provisional application in a subsequent nonprovisional application or international application designating the United States if the nonprovisional application or international application designating the United States is filed within 12 months from the filing date of the provisional application.”
However, it’s crucial to understand that:
- Only the subject matter that was disclosed in the provisional application will receive the benefit of the provisional filing date.
- New matter added in the CIP will have the filing date of the CIP application itself.
- The applicant must comply with the requirements of 35 U.S.C. 119(e) and 37 CFR 1.78.
For more details on claiming benefit of provisional applications, see MPEP 211.
To learn more:
The 30-month period for national stage entry is calculated from the priority date of the international application. The priority date is typically the filing date of the earliest application whose priority is claimed in the international application.
MPEP 601.04 states: “For most applications, the 30-month time period for entry into the national stage expires on the same day of the month as the date of the priority claim in the 30th subsequent month.” However, it’s important to note that if the 30-month period expires on a Saturday, Sunday, or federal holiday, the period is extended to the next succeeding business day.
To learn more: