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I have a fast-approaching deadline to make payment on an NOA application (a CON on original granted patent), in order to get it granted. I also want to keep open the chance to extend the family by filing a CIP, which is well underway. But I may not have it truly ready on time to file, just before making that payment on the NOA patent. If I file what I have, then later revise any or all parts of the application, what are the consequences? Are there additional fees involved, and how much time may be allowed for such revision submissions?

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Under the AIA there is a provision to file an, essentially, no-content continuation. Use the File by Reference option on the ADS form. You need to follow up with specification, drawings and claims later but you will have filed the continuation on time if it is before the parent issues as a patent. See https://www.uspto.gov/patent/forms/important-information-completing-application-data-sheet-ads

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  • Thank you! Good to know. – Charles Aug 18 '19 at 23:17
  • If the next application is say, 90% ready but more refinement is needed, would it be better to file nothing at all (as in the option you cited), followed by the full and complete one – rather than filing the incomplete application and then following with a request to replace it with an updated one? (Maybe that would simplify things and avoid confusion on the examiner side?) – Charles Aug 18 '19 at 23:59
  • In either case you want to have the correct specification and claims on file before the examiner ever picks it up. – George White Aug 19 '19 at 1:00

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