How does the inventorship in a Continued Prosecution Application (CPA) relate to the parent application?
The inventorship in a Continued Prosecution Application (CPA) is directly related to the parent application. As stated in MPEP 201.06(d): ‘The inventorship in a CPA filed under 37 CFR 1.53(d) is the same as in the prior application.’ This means that when you file a CPA, you are essentially continuing the same application with the…
Read MoreWhat is the difference between a parent application and a child application in patent law?
What is the difference between a parent application and a child application in patent law? In patent law, the terms ‘parent application’ and ‘child application’ refer to the relationship between related patent applications. According to MPEP 201.02: “The term parent application is used to refer to the immediate prior application from which a continuing application…
Read MoreWhat happens to the parent application when a divisional application is filed?
What happens to the parent application when a divisional application is filed? When a divisional application is filed, the parent application continues to be prosecuted independently. The filing of a divisional application does not automatically affect the status or prosecution of the parent application. As stated in MPEP 201.06: “The divisional application may be filed…
Read MoreCan an inventor’s oath or declaration from a parent application be used in a divisional application?
Can an inventor’s oath or declaration from a parent application be used in a divisional application? Yes, an inventor’s oath or declaration from a parent application can often be used in a divisional application. According to MPEP 201.06(c): ‘In accordance with 37 CFR 1.63(d), a newly executed oath or declaration is not required in a…
Read MoreWhat is the effect of filing a continuation or continuation-in-part application on the parent application?
Filing a continuation or continuation-in-part (CIP) application does not automatically affect the status of the parent application. The parent application continues to be examined or remains patented (if already issued) independently of the child application. Key points to note: 1. The parent application remains pending unless expressly abandoned, allowed to go abandoned, or issued as…
Read MoreDo I need to resubmit prior art cited in a parent application when filing a continuing application?
Generally, it is not necessary to resubmit prior art cited by the examiner in a parent application when filing a continuing application that claims benefit under 35 U.S.C. 120. The MPEP states: “The examiner of the continuing application will consider information which has been considered by the Office in the parent application.” However, if you…
Read MoreWhat happens to terminal disclaimers in a divisional application?
Terminal disclaimers filed in a parent application do not automatically carry over to a divisional application. The MPEP 201.06 states: ‘A terminal disclaimer filed to obviate a nonstatutory double patenting rejection in a parent application does not carry over to a divisional application. The applicant filing the divisional application must determine whether a new terminal…
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