What happens if a continuation application is filed after the parent application has been abandoned?

What happens if a continuation application is filed after the parent application has been abandoned?

If a continuation application is filed after the parent application has been abandoned, it may still be entitled to the benefit of the filing date of the prior application. The MPEP states:

“Where the prior application has been abandoned, the petition to revive under 37 CFR 1.137 (a) or (b) must be filed in the prior application, or in a subsequent nonprovisional application claiming benefit under 35 U.S.C. 120, 121, 365(c), or 386(c) to the prior application, if the prior nonprovisional application is not pending and claims the benefit under 35 U.S.C. 119(e), 120, 121, 365(c), or 386(c) of a provisional application.”

This means that even if the parent application is abandoned, you can still file a continuation application and potentially revive the parent application. However, specific procedures must be followed, including filing a petition to revive in the appropriate application.

For more information on reviving abandoned applications, refer to MPEP 711.

To learn more:

• continuation application
• abandoned application
• petition to revive
• 37 CFR 1.137

To learn more:

• 37 CFR 1.137