What is the filing deadline for a continuation application?

What is the filing deadline for a continuation application?

A continuation application must be filed before the patenting, abandonment, or termination of proceedings on the prior application. The MPEP 201.07 states:

“To be entitled to the benefit of the filing date of an earlier-filed application, the later-filed application must be an application for a patent for an invention which is also disclosed in the prior application (the parent or original nonprovisional application or provisional application); the disclosure of the invention in the prior application and in the later-filed application must be sufficient to comply with the requirements of 35 U.S.C. 112(a) except for the best mode requirement.”

Key points to remember:

• There is no specific time limit for filing a continuation as long as the parent application is still pending.
• The continuation must be filed before the parent application is patented, abandoned, or otherwise terminated.
• If you want to file after the parent is patented, you must file a reissue application instead.

It’s crucial to monitor the status of the parent application closely to ensure timely filing of the continuation.

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

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