How is the effective filing date determined for continuation-in-part (CIP) applications?
The effective filing date for claims in a continuation-in-part (CIP) application is determined based on the support provided in 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…
Read MoreAre there any applications still processed under former 37 CFR 1.62?
Yes, certain applications are still processed under former 37 CFR 1.62. Specifically, all continuation, divisional, and continuation-in-part (CIP) applications filed under former 37 CFR 1.62 prior to December 1, 1997, continue to be processed and examined under the procedures set forth in that regulation. The MPEP clarifies this point: All continuation, divisional and CIP applications…
Read MoreWhat happens if I miss the deadline for filing a priority claim in a U.S. patent application?
If you miss the deadline for filing a priority claim in a U.S. patent application, you may still have options, but they are limited: Petition for Unintentional Delay: You can file a petition to accept an unintentionally delayed priority claim under 37 CFR 1.55(e). This petition must be filed within the later of four months…
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