What 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 MoreWhat are the requirements for oaths or declarations in continuing applications filed on or after September 16, 2012?
For continuing applications filed on or after September 16, 2012, the following requirements apply: A copy of an oath or declaration or substitute statement from the prior nonprovisional application can be used, provided it complies with 37 CFR 1.63 or 37 CFR 1.64. The oath or declaration must comply with 35 U.S.C. 115 and the…
Read MoreHow does continuity relate to copendency in patent applications?
Continuity in patent applications refers to the relationship of copendency of the same subject matter in two different applications naming the same inventor or at least one joint inventor in common. The MPEP 211.01(b) states: “The term ‘continuity’ is used to express the relationship of copendency of the same subject matter in two different applications…
Read MoreWhat is copendency in patent applications?
Copendency refers to the requirement that a later-filed application claiming the benefit of a prior-filed nonprovisional application must be filed before: (A) the patenting of the prior application; (B) the abandonment of the prior application; or (C) the termination of proceedings in the prior application. As stated in MPEP 211.01(b): “If the prior application issues…
Read MoreHow does a divisional application differ from other continuing applications?
How does a divisional application differ from other continuing applications? A divisional application is a unique type of continuing application that focuses on a distinct invention separated from a parent application. According to the MPEP: A divisional application is one filed for an invention which has been disclosed and claimed, but not allowed, in a…
Read MoreHow does a continuation-in-part (CIP) application differ from a regular continuation?
A continuation-in-part (CIP) application is a type of continuing application that differs from a regular continuation in its content and priority claims. According to MPEP 201.08: ‘A continuation-in-part is an application filed during the lifetime of an earlier nonprovisional application, repeating some substantial portion or all of the earlier nonprovisional application and adding matter not…
Read MoreHow does a CPA (Continued Prosecution Application) differ from other continuing applications?
A Continued Prosecution Application (CPA) is a unique type of continuing application that has specific limitations. According to MPEP 201.02: A ‘continued prosecution application’ (CPA) is a continuation or divisional application for an invention disclosed in a prior nonprovisional application filed under 37 CFR 1.53(b) or (d). A CPA can only be filed in a…
Read MoreHow does inventorship in a continuing application work?
Inventorship in a continuing application depends on the type of continuing application and when it was filed. Key points: For applications filed on or after September 16, 2012, the inventorship is initially the inventor(s) named in the application data sheet For earlier applications, the inventorship carries over from the parent application In a continuation or…
Read MoreHow does a CPA differ from other types of continuing applications?
A Continued Prosecution Application (CPA) differs from other types of continuing applications in several ways: CPAs are only available for design applications, not utility applications. Filing a CPA automatically establishes the necessary reference to the prior application under 35 U.S.C. 120, without needing to amend the specification. CPAs are processed differently from other continuing applications,…
Read MoreWhat are the different types of patent applications?
According to MPEP 201.02, there are several types of patent applications: National applications Provisional applications Nonprovisional applications International applications International design applications The definitions for these terms can be found in 37 CFR 1.9. Additionally, applications can be classified as ‘original’ or ‘continuing’ applications. An original application may be a first filing or a continuing…
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