Can I file a continuation application using the disclosure of a granted grantparent application while the parent is pending?

Question

Jan 2020 - A non-provisional application filed. This is the GRANDPARENT application. It contains around 5 inventive concepts. The patent claimed the inventive concept 1.

Jan 2021 - A continuation application filed. This is the PARENT application. It claimed the inventive concept 2. [The specification of this application only contains description and drawing for concept 2.]

Jun 2021 - The GRANDPARENT application get granted.

Dec 2021 - Can I file more continuation using the disclosure found in GRANDPARENT application? i.e. For concept 3, 4 and 5.

Or I can file continuation only for disclosure found in Jan 2021 PARENT application?

Answer 1

Yes - You can make the new application a continuation of the "grandparent" as odd as that might seem. The first sentence needs to very carefully written to state that it is a continuation of the grandparent and that this is proper because of the co-pending of the current continuation of the grandparent. The new application is a sister to it.

This makes calling the original application "grandparent" erroneous. We do not use that term anyway even if there are true multi-generations of applications.