When a continuation patent is approved, will the parent patent still hold the rights to sue others if a product infringe the parent application and not the continuation patent



They are two separate patents, each with their own claims. As an example of their independence, the owner can, unless a terminal disclaimer was signed, sell the patents to two different entities.


The claims must be patently distinct but one patent might have claims to a method of making something and another patent might be to the thing itself. Also two patents might have claims that attempt to cover essentially the same thing but with a different approach to defining the thing.

If the claims are too close by one criteria (its complicated) they may be declared double patenting under a judicially invented doctrine. In that case both patents can be issued as long as the owner promises to always keep them commonly owned and co-terminus by signing a terminal disclaimer. If they are too close in a different way it is double patenting by statue and the second one would not be allowed.

  • So there will be multiple patents with similar claims? – sourabh S Sep 11 '19 at 15:02
  • see edited answer – George White Sep 11 '19 at 19:19

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.