What happens to pending claims in a continuation application if the parent application is abandoned?
What happens to pending claims in a continuation application if the parent application is abandoned?
The abandonment of a parent application does not necessarily affect the pending claims in a continuation application. According to MPEP 711.02(b):
“The abandonment of a parent application does not affect the status of a continuation application or a continuation-in-part application filed under 37 CFR 1.53(b), unless the continuation or continuation-in-part application relies upon the parent application for an earlier effective filing date.”
This means that:
- If the continuation application was filed before the abandonment of the parent application, it can proceed independently.
- The continuation application retains its own filing date and can be examined on its own merits.
- However, if the continuation application relies on the parent for an earlier effective filing date, the abandonment of the parent may affect the continuation’s priority claim.
It’s crucial for applicants to ensure that continuation applications are filed properly and timely to maintain their status and rights, regardless of the parent application’s fate.
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