What is the copendency requirement for continuation applications?

What is the copendency requirement for continuation applications?

The copendency requirement is a crucial aspect of filing a continuation application. According to MPEP 201.07:

‘The continuation application must be filed before the patenting or abandonment of or termination of proceedings on the prior application.’

This means that:

• The continuation application must be filed while the parent application is still pending (not patented, abandoned, or otherwise terminated).
• If the parent application has already been issued as a patent or has been abandoned, it’s too late to file a continuation application.
• The continuation application can be filed on the same day that the parent application is to be issued as a patent, but it must be filed before the parent application officially becomes a patent.

Maintaining copendency is critical for preserving the benefit of the earlier filing date and ensuring the validity of the continuation application.

For more information on continuation application, visit: continuation application.

For more information on copendency, visit: copendency.