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

A continuation-in-part (CIP) application is a type of continuing application that differs from a regular continuation in its content and priority claims. According to MPEP 201.08:

‘A continuation-in-part is an application filed during the lifetime of an earlier nonprovisional application, repeating some substantial portion or all of the earlier nonprovisional application and adding matter not disclosed in the said earlier nonprovisional application.’

Key differences between CIP and regular continuation applications:

• New Matter: CIPs include new subject matter not present in the parent application, while regular continuations do not.
• Priority Date: CIPs have different priority dates for different parts of the disclosure. The new matter gets the CIP’s filing date, while common subject matter retains the parent’s filing date.
• Examination: CIPs are examined for both the old and new subject matter, potentially requiring additional prior art searches.
• Term: The patent term for a CIP may be affected by the new subject matter’s later filing date.

CIPs are useful when inventors want to add new improvements or developments to their original invention while maintaining the priority date for the original subject matter.

For more information on continuing applications, visit: continuing applications.