What is the significance of the filing date in a continuation-in-part application?
What is the significance of the filing date in a continuation-in-part application?
The filing date of a continuation-in-part (CIP) application is crucial for determining the effective date of certain disclosures. According to MPEP 201.08:
“The effective filing date of a claimed invention in a CIP application is determined on a claim-by-claim basis and not an application-by-application basis.”
This means:
- Subject matter carried over from the parent application retains the parent’s filing date.
- New matter introduced in the CIP receives the filing date of the CIP application.
- Claims in the CIP are evaluated individually to determine which filing date applies based on their content.
Understanding this distinction is crucial for patent practitioners when assessing prior art and determining the scope of protection for inventions disclosed in CIP applications.
To learn more:
Topics:
MPEP 200 - Types and Status of Application; Benefit and Priority,
Patent Law,
Patent Procedure