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A good strategy is filing continuing patent to close holes in claims, so here is my question:

Can continuing patent application be filed the same as the prior application or it must have some changes in claim?

If the first is allowed then filing continuing application is much easier to keep application alive for following market's design-around, just file it again and again. If it is not allowed then should the first application be filed with maximum scope, or keep something for continuing application?

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It is perfectly allowable to file with the exact claims that were allowed (or rejected) in the parent application. If you do not amend before it becomes examined then you should get a double patenting rejection in the first case and a repeat of the rejection + a double patenting for the second case. –  George White Aug 6 at 23:17

1 Answer 1

There are three forms of continuing applications- Divisional, Continuation and Continuation-In-Part (CIP). It is important for a patentee to understand the difference between the three.

A divisional application is often filed as a result of a restriction requirement made by the examiner. The divisional application must claim the benefit of the prior nonprovisional application.

Continuation applications involve filing a patent application before the patenting or abandonment of or termination of proceedings on his or her earlier nonprovisional application, based on an earlier filed patent application wherein there is no new disclosure, but which may contain new or additional set of claims.

A "continuation-in-part" application ("CIP" or "CIP application") is one in which the applicant adds subject matter not disclosed in the parent, but repeats substantial portion of the parent's specification. A CIP is also filed before the patenting or abandonment of or termination of proceedings on his or her earlier nonprovisional application.

In all the three forms of continuing applications as understood from their brief descriptions, the claims or at least some of the claims may remain same as that of the parent (prior non provisional) application.

A divisional can be filed after a rejection requirement is issued by an Examiner, a continuation and a CIP however should be filed before the patenting or abandonment of or termination of proceedings on his or her earlier nonprovisional application. Hence a a continuation and a CIP cannot be filed after termination of proceedings (allowance of claims) or issue of patent for the parent application.

For further details on CIP applications you may visit the link, http://www.invntree.com/blogs/patent-protection-for-improvements-made-over-your-previously-filed-patent-application

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