Can a continuation application be filed after the parent application is granted or abandoned?

Yes, a continuation application can be filed after the parent application is granted or abandoned, but there are timing restrictions. The MPEP states:

At any time before the patenting, abandonment, or termination of proceedings on an earlier application, an applicant may have recourse to filing a continuation application under 37 CFR 1.53(b) in order to introduce into the application a new set of claims and to establish a right to further examination by the Office.

However, it’s important to note:

• For standard continuation applications under 37 CFR 1.53(b), they must be filed before the patenting, abandonment, or termination of proceedings on the earlier application.
• For Continued Prosecution Applications (CPAs) under 37 CFR 1.53(d), which are only available for design applications (excluding international design applications), they must be filed prior to payment of the issue fee unless a petition under 37 CFR 1.313(c) is granted in the prior application.

Always consult with a patent attorney to ensure proper timing and procedures are followed.

For more information on continuation application, visit: continuation application.

For more information on CPA, visit: CPA.

For more information on patent grant, visit: patent grant.