Can a continuation application claim priority to multiple parent applications?

Yes, a continuation application can claim priority to multiple parent applications under certain conditions. According to MPEP 201.07:

‘A continuation application may be filed as a continuation of an earlier application of the same applicant… The continuation application may be filed before the patenting or abandonment of or termination of proceedings on the prior application.’

This means that:

  • The continuation must have at least one common inventor with the parent application(s).
  • The continuation must be filed while at least one of the parent applications is still pending.
  • The continuation cannot introduce new matter beyond what was disclosed in the parent application(s).

When claiming priority to multiple parents, the continuation essentially combines the disclosures of the parent applications, as long as they form a continuous chain of copending applications.

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Topics: MPEP 200 - Types and Status of Application; Benefit and Priority, Patent Law, Patent Procedure
Tags: continuation application, patent priority