How does a continuation-in-part (CIP) application affect priority claims?
How does a continuation-in-part (CIP) application affect priority claims?
A continuation-in-part (CIP) application introduces new matter not present in the prior application, which affects priority claims as follows:
- Claims fully supported by the prior application retain the benefit of the earlier filing date.
- Claims relying on new matter only receive the filing date of the CIP application.
- As stated in MPEP 211.01(b): “Only the claims of the continuation-in-part application that are disclosed in the manner provided by 35 U.S.C. 112(a) in the prior-filed application are entitled to the benefit of the filing date of the prior-filed application.”
Examiners must analyze each claim individually to determine its effective filing date. This can result in different claims within the same CIP application having different priority dates.
To learn more:
Topics:
MPEP 200 - Types and Status of Application; Benefit and Priority,
Patent Law,
Patent Procedure