What is a Continuation-In-Part (CIP) application?

A Continuation-In-Part (CIP) application is a type of patent application that contains a portion or all of the disclosure of an earlier application and adds matter not disclosed in the earlier parent application. The new matter in a CIP application can be claimed, but it may affect the effective filing date of certain claims. According…

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What is the impact of prior art on CIP applications?

The impact of prior art on Continuation-In-Part (CIP) applications can be significant, especially for claims that are only supported by the CIP disclosure and not the parent application. According to MPEP 2133.01: “Any prior art disclosing the invention or an obvious variant thereof having a critical reference date more than 1 year prior to the…

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Can subject matter from a parent application be used as prior art against a continuation-in-part (CIP) under pre-AIA 35 U.S.C. 102(e)?

Subject matter that is disclosed in a parent application but not included in a child continuation-in-part (CIP) cannot be used as prior art under pre-AIA 35 U.S.C. 102(e) against the CIP. The MPEP cites a specific case law example: “In re Lund, 376 F.2d 982, 153 USPQ 625 (CCPA 1967) (The examiner made a pre-AIA…

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How does new matter in a continuation-in-part (CIP) application affect the effective filing date?

New matter introduced in a continuation-in-part (CIP) application can significantly affect the effective filing date of certain claims. The MPEP 2152.01 provides guidance on this issue: “In the case of a continuation-in-part application, any claims that are fully supported by a prior-filed application are entitled to the benefit of the filing date of that prior-filed…

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What is the significance of inventorship in continuation-in-part applications?

Inventorship in continuation-in-part (CIP) applications has unique implications for prior art determination. The MPEP 2136.04 states: “If the application is a continuation-in-part of, or claims the benefit of the filing date of, a parent application naming A as the inventor, and the parent application was filed by A with a claim that was originally invented…

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What is the effective filing date for claims in a continuation-in-part application?

The effective filing date for claims in a continuation-in-part (CIP) application depends on whether the claims are supported by the parent application: “If the application is a continuation-in-part of an earlier U.S. application or international application, any claims in the new application not supported by the specification and claims of the parent application have an…

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How is the effective filing date determined for claims in a CIP application?

The effective filing date for claims in a Continuation-In-Part (CIP) application is determined on a claim-by-claim basis, not an application-by-application basis. This means that different claims within the same CIP application may have different effective filing dates. According to MPEP 2133.01: “Any claim that only contains subject matter that is fully supported in compliance with…

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Does the duty of disclosure apply to continuation-in-part applications?

Yes, the duty of disclosure applies to continuation-in-part (CIP) applications. The MPEP specifically addresses this situation: “In a continuation-in-part application, individuals covered by 37 CFR 1.56 have a duty to disclose to the Office all information known to be material to patentability which became available between the filing date of the prior application and the…

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