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.
To learn more:
- continuation-in-part
- CIP
- multiple prior applications
- 35 U.S.C. 120
- 35 U.S.C. 121
- 35 U.S.C. 365(c)
- 35 U.S.C. 386(c)
To learn more:
Topics:
MPEP 200 - Types and Status of Application; Benefit and Priority,
Patent Law,
Patent Procedure