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.
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.