How is the effective filing date determined for claims in a CIP application?

The effective filing date for claims in a Continuation-In-Part (CIP) application is determined on a claim-by-claim basis, not an application-by-application basis. This means that different claims within the same CIP application may have different effective filing dates.

According to MPEP 2133.01:

• “Any claim that only contains subject matter that is fully supported in compliance with the statutory requirements of pre-AIA 35 U.S.C. 112, first paragraph, by the parent application of a CIP will have the effective filing date of the parent application.”
• “Any claim that contains a limitation that is only supported as required by pre-AIA 35 U.S.C. 112, first paragraph, by the disclosure of the CIP application will have the effective filing date of the CIP application.”

This means that the effective filing date depends on whether the claim is fully supported by the parent application or only by the CIP application.

To learn more:

• CIP
• Continuation-In-Part
• Effective Filing Date
• Patent Claims