How are continuation-in-part (CIP) applications filed after December 1, 1997, treated?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-09 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. Continuation-in-part (CIP) applications filed under former 37 CFR 1.62 on or after December 1, 1997, are treated as improper applications, regardless of the filing date of the original application. The MPEP states: “A request filed on or after December 1, 1997, under former 37 CFR 1.62 for a continuation-in-part (CIP) application, or for a continuation or divisional of an application having a filing date before June 8, 1995, will be treated as an improper application.” This change in procedure means that applicants need to file CIP applications using different methods after December 1, 1997, to ensure proper processing and examination. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Patent Applications Cover Three Broad Types of Subject Matter MPEP 201 Permitted Specification and Drawings Required for Filing Date MPEP 201 Required Inventors May Obtain Patents for New Processes, Machines, Manufactures, or Compositions of Matter MPEP 201 Permitted Patent for Distinct Plant Varieties MPEP 201 Permitted Patent Rules for Plants MPEP 201 Required Requirement for New Ornamental Design MPEP 201 Permitted Design Patents Apply Invention Rules Except Otherwise Provided MPEP 201 Required Individuals Must Disclose Material Information for Patentability MPEP 2005 Requirement for Examiner to Obtain Reasonably Necessary Information MPEP 2005 Examiner Can Require Information Under 37 CFR 1.105 MPEP 2005 Other Related FAQs 5 FAQs Collapse What is a continuation-in-part (CIP) application? How do continuation, divisional, and continuation-in-part applications differ? How does claiming benefit of an earlier filing date work for continuing applications? What are the filing requiremen...