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.
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.