How does a continuation-in-part differ from a provisional application?

A continuation-in-part (CIP) application and a provisional application are two distinct types of patent applications with different purposes and effects. The key difference is highlighted in MPEP ¶ 2.06, which states:

An application claiming the benefit of a provisional application under 35 U.S.C. 119(e) should not be called a ‘continuation-in-part’ of the provisional application.

This means that:

• A CIP application builds upon a prior non-provisional application, adding new disclosure while claiming the benefit of the earlier filing date for the shared content.
• A provisional application is a temporary placeholder that establishes a priority date but does not mature into a patent. It cannot be continued or have a CIP.
• Applications claiming benefit from a provisional application are typically filed as new non-provisional applications, not as CIPs.

For more information on 35 U.S.C. 119(e), visit: 35 U.S.C. 119(e).

For more information on patent application types, visit: patent application types.

For more information on provisional application, visit: provisional application.