How does filing a continuation-in-part affect outstanding rejections in the parent application?

Filing a continuation-in-part (CIP) application does not automatically resolve or affect outstanding rejections in the parent application. The MPEP 201.08 clarifies this point:

“The mere filing of a continuation-in-part application does not itself create a presumption that the applicant acquiesces in any rejections which may be outstanding in the copending national nonprovisional application or applications upon which the continuation-in-part application relies for benefit.”

This means:

• Outstanding rejections in the parent application remain active and must be addressed separately.
• The applicant is not presumed to agree with or accept these rejections by filing a CIP.
• The CIP application will be examined independently, though it may face similar rejections if it includes the same claimed subject matter.

Applicants should continue to respond to office actions and address rejections in the parent application if they wish to pursue those claims, even after filing a CIP.

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

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