What are the key differences between a continuation and a continuation-in-part?

While both continuation and continuation-in-part (CIP) applications are related to a prior application, there are key differences:

• Continuation: Repeats the entire disclosure of the prior application without adding new matter.
• Continuation-in-Part (CIP): According to MPEP ¶ 2.06, a CIP “repeats a substantial portion of prior Application No.[1], filed[2], and adds disclosure not presented in the prior application.”

The main difference is that a CIP introduces new subject matter not present in the original application. This new matter receives the filing date of the CIP, while the repeated portions may claim the earlier filing date of the prior application if properly claimed under 35 U.S.C. 120.

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

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