How does new matter in a continuation-in-part (CIP) application affect the effective filing date?
New matter introduced in a continuation-in-part (CIP) application can significantly affect the effective filing date of certain claims. The MPEP 2152.01 provides guidance on this issue: “In the case of a continuation-in-part application, any claims that are fully supported by a prior-filed application are entitled to the benefit of the filing date of that prior-filed…
Read MoreWhat is the impact of foreign priority claims on the effective filing date?
Foreign priority claims can significantly impact the effective filing date of a claimed invention. The MPEP 2152.01 addresses this issue: “If the application claims the benefit of a foreign priority application under 35 U.S.C. 119(a)-(d), 365(a) or (b), or 386(a) or (b), the effective filing date is the filing date of the foreign priority application…
Read MoreHow is the effective filing date determined for continuation applications?
For continuation applications, the effective filing date is generally determined based on the earliest application in the chain that supports the claimed invention. The MPEP 2152.01 provides guidance on this: “In the case of a continuation application, continuation-in-part application, or divisional application claiming the benefit of a prior-filed nonprovisional application under 35 U.S.C. 120, 121,…
Read More