How does a continuation application differ from a continuation-in-part (CIP) application?

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.