What is copendency in patent applications?
Copendency refers to the requirement that a later-filed application claiming the benefit of a prior-filed nonprovisional application must be filed before:
- (A) the patenting of the prior application;
- (B) the abandonment of the prior application; or
- (C) the termination of proceedings in the prior application.
As stated in MPEP 211.01(b):
“If the prior application issues as a patent, it is sufficient for the later-filed application to be copending with it if the later-filed application is filed on the same date, or before the date that the patent issues on the prior application.”
This means that to maintain copendency, applicants should file any continuing applications no later than the date the issue fee is paid for the prior application.
To learn more:
Topics:
MPEP 200 - Types and Status of Application; Benefit and Priority,
Patent Law,
Patent Procedure