How does the priority date work in a continuation-in-part application?
How does the priority date work in a continuation-in-part application?
In a continuation-in-part (CIP) application, the priority date can vary for different parts of the application. According to MPEP 201.08:
“The disclosure presented in the continuation-in-part application may include subject matter in common with the earlier application and may include additional subject matter not disclosed in the earlier application. Only the claims of the continuation-in-part application that are disclosed in the manner provided by 35 U.S.C. 112(a) in the earlier nonprovisional application are entitled to the benefit of the filing date of the earlier nonprovisional application.”
This means:
- Subject matter carried over from the parent application retains the original filing date as its priority date
- New matter added in the CIP has the filing date of the CIP as its priority date
- Each claim in a CIP is evaluated individually to determine its effective filing date
- Claims fully supported by the parent application get the earlier priority date
- Claims relying on new matter get the later CIP filing date as their priority date
Understanding priority dates in CIPs is crucial for determining patentability and for defending against potential prior art references.
For more information on effective filing date, visit: effective filing date.
For more information on new matter, visit: new matter.