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

To file a continuation-in-part (CIP) application, several requirements must be met according to MPEP 201.08 and 37 CFR 1.78:

1. The CIP must be filed while the prior nonprovisional application is still pending (before patenting, abandonment, or termination of proceedings).
2. The CIP must claim benefit of the prior application under 35 U.S.C. 120, 121, 365(c), or 386(c).
3. The CIP must contain a specific reference to the prior application, including the application number.
4. For applications filed on or after September 16, 2012, the specific reference must be included in an application data sheet (ADS).
5. The CIP must have at least one common inventor with the prior application.

It’s important to note that a CIP can only be filed under 37 CFR 1.53(b) and cannot be filed as a continued prosecution application (CPA) under 37 CFR 1.53(d).

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

For more information on USPTO, visit: USPTO.