How does the “effective filing date” affect CIP applications in patent examination?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. The “effective filing date” plays a crucial role in the examination of Continuation-In-Part (CIP) applications. According to MPEP 2133.01 : “The effective filing date of a claimed invention is determined on a claim-by-claim basis and not an application-by-application basis.” This means that: Each claim in a CIP application is evaluated separately to determine its effective filing date. Claims fully supported by the parent application get the benefit of the parent’s filing date. New matter introduced in the CIP only gets the filing date of the CIP itself. Examiners must carefully analyze each claim to determine which filing date applies, as this affects the available prior art for rejections. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Claims Must Be Fully Supported by Parent Application MPEP 2133.01 Effective Filing Date Determined Claim-by-Claim MPEP 2133.01 Claims Must Be Supported by Parent Application MPEP 2133.01 Obvious Variant Prior Art Bars Patentability MPEP 2133 Prior Art Disclosing Invention Before Filing Date Bars Patent Issuance for CIP MPEP 2133.01 Child CIP Effective Date When No Parent Support MPEP 2133.01 Prior Art Disclosing Invention Bars Patent Issuance MPEP 2133.01 Filing Date Not Affected by Electronic Filing MPEP 2133 Claim Support from CIP Requires Earlier Effective Date MPEP 2133.01 Required FITF Provisions Not Applicable to CIP Rejections MPEP 2133.01 Other Related FAQs 5 FAQs Collapse How does the AIA (America Invents Act) affect the treatment of CIP applications? How do examiners determine which claims in a CIP application are entitled to the parent application&#8217;s filing date? How is the effective filing date determined for c...