What is the filing date of a continuation-in-part application?

What is the filing date of a continuation-in-part application?

The filing date of a continuation-in-part (CIP) application is the date on which the application is filed with the USPTO. According to MPEP 201.08, “A continuation-in-part application is entitled to the benefit of the filing date of an earlier nonprovisional application as to common subject matter.” However, it’s important to note that any new matter introduced in the CIP application is only entitled to the filing date of the CIP itself.

For the common subject matter, the CIP can claim the benefit of the earlier application’s filing date under 35 U.S.C. 120. This can be crucial for establishing priority and determining the relevant prior art for patentability assessments.