Can a continuation-in-part (CIP) application claim benefit to multiple prior applications?

Can a continuation-in-part (CIP) application claim benefit to multiple prior applications?

Yes, a continuation-in-part (CIP) application can claim benefit to multiple prior applications, provided certain conditions are met. The MPEP states:

“An applicant may claim the benefit of the filing date of one or more prior applications under 35 U.S.C. 120, 121, 365(c), or 386(c) in a later-filed application … if the later-filed application is filed before the patenting or abandonment of or termination of proceedings on the prior application.”

However, it’s important to note that for a CIP application:

  • New matter in the CIP will only get the benefit of the CIP’s filing date.
  • Matter disclosed in the prior application(s) can claim the earlier filing date(s).
  • Each claim in the CIP is evaluated separately to determine which filing date it is entitled to.

For more details, see MPEP 211.01 and MPEP 201.08.

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Topics: MPEP 200 - Types and Status of Application; Benefit and Priority, Patent Law, Patent Procedure
Tags: 35 U.S.C. 120, 35 U.S.C. 365(c), 35 U.S.C. 386(c), 35 Usc 121, Cip, multiple prior applications