How are continuation-in-part (CIP) applications handled in terms of examination order?

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 have a unique treatment when it comes to examination order. The MPEP provides guidance on this:

“The actual filing date of a continuation-in-part application is used for docketing purposes. However, the examiner may act on a continuation-in-part application by using the effective filing date, if desired.”

This means that while CIP applications are initially docketed based on their actual filing date, examiners have the flexibility to prioritize them based on their effective filing date. This can potentially affect the application’s position in the examination queue.