How does new matter in a continuation-in-part application affect priority dates?

How does new matter in a continuation-in-part application affect priority dates?

The introduction of new matter in a continuation-in-part (CIP) application has significant implications for priority dates. According to MPEP 201.08:

“The new matter in a continuation-in-part application is not entitled to the benefit of the filing date of the parent application.”

This means:

• Subject matter carried over from the parent application retains the parent’s filing date as its priority date
• New matter introduced in the CIP has the filing date of the CIP as its priority date
• Different claims within the same CIP application may have different priority dates

This distinction is crucial for determining prior art and potential patent infringement cases. Inventors and patent practitioners must carefully consider the implications of adding new matter when filing a CIP application.

For more information on new matter, visit: new matter.