What are the filing requirements for a continuation-in-part (CIP) application?

A continuation-in-part (CIP) application has specific filing requirements. Key points include:

• A CIP application can only be filed under 37 CFR 1.53(b).
• It must be filed during the lifetime of the prior-filed application (before its abandonment or issuance).
• The CIP must claim the benefit of the prior application under 35 U.S.C. 120, 121, 365(c), or 386(c).
• For applications filed on or after September 16, 2012, the benefit claim must be in an application data sheet (ADS).
• The CIP must have at least one common inventor with the prior application.
• New matter can be added to the specification, but claims relying on this new matter will not get the benefit of the earlier filing date.

As stated in the MPEP:

A continuation-in-part application CANNOT be filed as a continued prosecution application (CPA) under 37 CFR 1.53(d).

It’s important to note that while a CIP allows for the addition of new matter, any claims that rely on this new matter will only be entitled to the filing date of the CIP application, not the earlier filing date of the parent application.

For more information on continuation-in-part application, visit: continuation-in-part application.

For more information on filing requirements, visit: filing requirements.

For more information on new matter, visit: new matter.

For more information on patent application types, visit: patent application types.