Can a continuation application claim priority to multiple parent applications?
Yes, a continuation application can claim priority to multiple parent applications under certain conditions. According to MPEP 201.07: ‘A continuation application may be filed as a continuation of an earlier application of the same applicant… The continuation application may be filed before the patenting or abandonment of or termination of proceedings on the prior application.’…
Read MoreWhat is a continuation or divisional application under 37 CFR 1.53(b)?
A continuation or divisional application is a type of continuing application filed under 37 CFR 1.53(b). According to the MPEP, An application filed under 37 CFR 1.53(b) may be an original or a reissue, a continuation, a divisional, a continuation-in-part, or a substitute. These applications are filed under 35 U.S.C. 111(a) and can be for…
Read MoreWhat are the requirements for filing a continuation or divisional application before September 16, 2012?
For continuation or divisional applications filed before September 16, 2012 under 37 CFR 1.53(b) (excluding continuation-in-part applications), applicants could file using a copy of the oath or declaration from the prior nonprovisional application. This is supported by the MPEP, which states: “A continuation or divisional application filed before September 16, 2012 under 37 CFR 1.53(b)…
Read MoreAre new oaths or declarations required for continuation or divisional applications?
For continuation or divisional applications filed before September 16, 2012, a new oath or declaration is generally not required if certain conditions are met. According to pre-AIA 37 CFR 1.63(d): A newly executed oath or declaration is not required under § 1.51(b)(2) and § 1.53(f) in a continuation or divisional application, provided that: The prior…
Read MoreHow were continuation or divisional applications handled when a petition under 37 CFR 1.48 was filed in the prior application?
When a petition under 37 CFR 1.48 to add an inventor was filed in a prior application, the continuation or divisional application could be handled in one of two ways: Filed with a copy of the executed declaration naming the correct inventive entity from the prior application. Filed with a newly executed declaration naming the…
Read MoreHow are continuation or divisional applications handled under pre-AIA 37 CFR 1.47?
For continuation or divisional applications filed under 37 CFR 1.53(b) of an application previously accorded status under pre-AIA 37 CFR 1.47, the process is simplified. The MPEP states: In a continuation or divisional application filed under 37 CFR 1.53(b) of an application accorded status under pre-AIA 37 CFR 1.47, if a copy of a declaration…
Read MoreHow are continuation or divisional applications filed after December 1, 1997 treated?
According to the MPEP, A continuation or divisional application filed under 37 CFR 1.60 on or after December 1, 1997, will automatically be treated as an application filed under 37 CFR 1.53(b). This means that any continuation or divisional application filed after this date is processed under the new regulations, specifically 37 CFR 1.53(b), regardless…
Read MoreWhat is the difference between a continuation and a continuation-in-part application?
A continuation application and a continuation-in-part (CIP) application are both types of patent applications that stem from an earlier application, but they differ in their content: Continuation application: Contains the same disclosure as the prior application without adding any new matter. As stated in MPEP 201.07, ‘A continuation application is an application for the invention(s)…
Read MoreWhat is the difference between a continuation and a divisional application?
A continuation application and a divisional application are both types of continuing applications, but they serve different purposes: Continuation application: Used to pursue additional claims to an invention disclosed in a prior application. It contains the same disclosure as the parent application. Divisional application: Used to pursue claims to an invention that was disclosed but…
Read MoreHow does a continuation application differ from a provisional application?
Continuation applications and provisional applications are distinct types of patent applications with different purposes and requirements. A key difference is that a continuation application is based on a prior nonprovisional application, while a provisional application is a standalone filing that can later be used as a priority document. The MPEP specifically notes: “An application claiming…
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