What happens if a copending application is abandoned after filing a continuation application?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-09 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. If a copending application is abandoned after filing a continuation application, it does not affect the continuation application’s status. The MPEP states: “The copendency requirement of 35 U.S.C. 120 is met if the later-filed application is filed before the patenting or abandonment of or termination of proceedings on the prior application.” This means that as long as the continuation application was filed while the prior application was still pending, subsequent abandonment of the prior application does not impact the continuation’s validity. The continuation application can still claim the benefit of the prior application’s filing date. For more information, refer to MPEP 211.01 . Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Later-Filed Application Must Reference Prior Filing MPEP 211 Required Requirement for Prior Application to Have Filing Date MPEP 211 Required Claiming Benefit of Prior Filed Provisional Application MPEP 211 Permitted Benefit Under 35 U.S.C. 386(c) for Design Applications Filed on or After May 13, 2015 MPEP 211 Claiming Benefit of Prior Applications MPEP 211 Permitted Filing Date Must Be Entitled for International Application Designating US MPEP 211.01 Required Claiming Benefit of Earlier Application MPEP 211.01 Requirement for No Later Filing Date Claim MPEP 211 Filing Date Required for International Design Application Designating US MPEP 211.01 Required Application Not Entitled to Prior Filed Application Due to Missing Filing Fee MPEP 211.01 Permitted Other Related FAQs 5 FAQs Collapse Can a provisional application be used as a prior-filed application for benefit claims? How does the AIA FITF system affect the prior-filed application r...