How does a continuation-in-part application affect patent term?

A continuation-in-part (CIP) application can have a complex effect on patent term. The MPEP 201.08 states:

‘A continuation-in-part application is entitled to the benefit of the filing date of an earlier nonprovisional application as to common subject matter.’

This has several implications for patent term:

• 20-year term: The patent term is generally 20 years from the earliest effective U.S. filing date of the first nonprovisional application in the chain.
• New matter: Claims solely supported by new matter in the CIP do not receive the benefit of the earlier filing date, potentially extending their effective term.
• Priority claims: The ability to claim priority to earlier applications can affect the starting point of the 20-year term.
• Patent term adjustment: Delays in prosecution may lead to patent term adjustments, which can extend the term beyond 20 years.

Applicants should carefully consider the impact on patent term when deciding to file a CIP, especially for rapidly evolving technologies where a longer term might be advantageous.

For more information on new matter, visit: new matter.

For more information on patent term, visit: patent term.

For more information on patent term adjustment, visit: patent term adjustment.