How does new matter in a continuation-in-part (CIP) application affect the effective filing date?

New matter introduced in a continuation-in-part (CIP) application can significantly affect the effective filing date of certain claims. The MPEP 2152.01 provides guidance on this issue:

“In the case of a continuation-in-part application, any claims that are fully supported by a prior-filed application are entitled to the benefit of the filing date of that prior-filed application. However, any claim that includes new matter will have an effective filing date equal to the actual filing date of the continuation-in-part application.”

Key considerations:

• Claims relying on new matter will have a later effective filing date than claims fully supported by the parent application.
• The determination is made on a claim-by-claim basis, so different claims within the same CIP application may have different effective filing dates.
• Examiners must carefully analyze each claim to determine which portions are supported by the parent application and which rely on new matter.

This distinction is crucial for determining the applicable prior art and assessing patentability under the AIA system.

To learn more:

• continuation-in-part
• CIP
• new matter
• effective filing date
• patent claim