When a patent expires due to non-payment what happens to pending child continuation applications and an appeal of a child continuation application? I assume the expire patent is not valid at least while expired so there would be nothing for the applications to tie to. Will the PTO still consider the application from a couple of years ago and an appeal of an application from several years ago?

1 Answer 1


Child applications / patents are separate issues. They do not share procedures. So the answer is simply: It doesn't matter if the parent expired, lapsedor got invalidated.

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    I agree. However, I wonder if you might be able to add some references for posterity's sake? I assume there's something salient in the MPEP on it, though I haven't looked.
    – Maca
    Jan 17, 2017 at 12:04

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