Can a continuation-in-part application claim benefit from multiple parent applications?
Yes, a continuation-in-part (CIP) application can claim benefit from multiple parent applications. The MPEP 201.08 states:
An applicant may in a single application seek to add and claim new matter while also repeating some or all of the subject matter of one or more earlier applications.
This means:
- A CIP can incorporate subject matter from multiple earlier applications.
- It can also add new matter not disclosed in any of the earlier applications.
- The CIP can claim priority to different parent applications for different parts of its disclosure.
Note: The effective filing date for each claim will depend on which parent application(s) provide sufficient support for that claim, as per 35 U.S.C. 112(a). Claims relying on newly added matter will have the CIP’s filing date as their effective date.
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Topics:
MPEP 200 - Types and Status of Application; Benefit and Priority,
Patent Law,
Patent Procedure