How does the effective filing date differ for claims in a continuation-in-part application?
The effective filing date for claims in a continuation-in-part (CIP) application can vary depending on the content of the claims. According to MPEP 201.08:
The effective filing date of a claimed invention in a continuation-in-part application is determined on a claim-by-claim basis and is dependent upon the sufficiency of the disclosure in the earlier application(s) to support the claimed invention with 35 U.S.C. 112(a) except for the best mode requirement.
This means:
- Claims that are fully supported by the earlier application(s) get the benefit of the earlier filing date(s).
- Claims that rely on newly added matter in the CIP have the filing date of the CIP as their effective filing date.
It’s crucial for patent applicants to carefully consider the implications of adding new matter in a CIP, as it can affect the priority date and potentially impact patentability.
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Topics:
MPEP 200 - Types and Status of Application; Benefit and Priority,
Patent Law,
Patent Procedure