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.
While both continuation and continuation-in-part (CIP) applications are types of continuing applications, they have a key difference in terms of their disclosure. According to the MPEP:
The disclosure presented in the continuation must not include any subject matter which would constitute new matter if submitted as an amendment to the parent application.
The main differences are:
- Continuation: Contains the same disclosure as the parent application without any new matter.
- Continuation-in-part (CIP): May include the disclosure from the parent application plus additional new matter.
This distinction is crucial because it affects the priority date for different claims in the application. In a continuation, all claims are entitled to the parent’s filing date. In a CIP, only claims supported by the parent application get the benefit of the earlier filing date; new matter gets the filing date of the CIP.
For more information on continuation application, visit: continuation application.
For more information on new matter, visit: new matter.