What is a continuation-in-part (CIP) application?

A continuation-in-part (CIP) application is an application filed during the lifetime of a prior nonprovisional application, repeating some substantial portion or all of the prior application and adding matter not disclosed in the prior application. As stated in the MPEP: A continuation-in-part is an application filed during the lifetime of a prior-filed nonprovisional application, international…

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Can I add an incorporation by reference statement when submitting a benefit claim after filing?

No, you cannot add an incorporation by reference statement when submitting a benefit claim after the initial filing of your application. The MPEP clearly states: When a benefit claim is submitted after the filing of an application, the reference to the prior application cannot include an incorporation by reference statement specifying of the prior application…

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Can adding specific percentages to a broader original disclosure be considered new matter?

Yes, adding specific percentages to a broader original disclosure can be considered new matter. The MPEP section 608.04(a) states: New matter includes not only the addition of wholly unsupported subject matter, but may also include adding specific percentages or compounds after a broader original disclosure, or even the omission of a step from a method.…

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Can drawings be amended after the application filing date without introducing new matter?

Can drawings be amended after the application filing date without introducing new matter? Amending drawings after the application filing date without introducing new matter is possible, but it requires careful consideration. According to MPEP 608.04(a): ‘An amendment to the drawings, however, which adds a feature not disclosed in the original drawings or specification involves new…

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What is the significance of the application filing date for new matter in patent applications?

What is the significance of the application filing date for new matter in patent applications? The application filing date is crucial when determining whether content in a patent application constitutes new matter. MPEP 608.04(a) states: ‘Matter not present on the filing date of the application in the specification, claims, or drawings that is added after…

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