How does the filing date of a continuation application affect its patent term?

The filing date of a continuation application can significantly affect its patent term. While the continuation application gets the benefit of the earlier filing date for prior art purposes, its actual filing date is used to calculate the patent term. According to MPEP 201.07:

The filing date of a continuation application is the filing date of the parent application.

However, this refers to the priority date for prior art purposes. The actual patent term is calculated from the filing date of the continuation application itself. Here’s how it works:

• The patent term is generally 20 years from the filing date of the earliest non-provisional application to which priority is claimed.
• For a continuation application, this means 20 years from the filing date of the parent non-provisional application.
• Each continuation in a chain reduces the effective patent term.

It’s crucial to consider this when deciding whether to file a continuation or a new application, as it can impact the overall protection period for your invention.

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

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

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