What is the significance of the one-year bar in relation to CIP applications?
The one-year bar is particularly significant for Continuation-In-Part (CIP) applications, especially for claims that are only supported by the CIP disclosure. According to MPEP 2133.01:
“Any prior art disclosing the invention or an obvious variant thereof having a critical reference date more than 1 year prior to the filing date of the child will bar the issuance of a patent under pre-AIA 35 U.S.C. 102(b).”
This means that for claims with an effective filing date of the CIP application, any public disclosure of the invention or an obvious variant more than one year before the CIP filing date can potentially bar a patent. This includes the applicant’s own disclosures, emphasizing the importance of timely filing and careful management of public disclosures when planning to file a CIP application.
To learn more: