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Let's just say,

I filed a Provisional Application in Jan 2019.

I filed a non-provisional in Dec 2019 by claiming priority to the Provisional, properly. But I missed some content in non-provisional that are available in the Provisional.

(1) Can I bring the missed Provisional content to non-provisional by filing amendments? If yes, Is there any deadline? Is there any additional fees I have to pay in USPTO?

(2) If I file a continuation with the missed content, will that be considered as continuation or continuation-in-part (CIP)?

Thanks

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    Besides properly claiming priority did you by ant chance also "incorporate by reference"? – George White Jun 13 '20 at 3:21
  • @GeorgeWhite Yes I did. – PrivateUser Jun 13 '20 at 3:23
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Since the provisional was incorporated by reference, you can amend in any material from it that you like. And a continuation that only has material from the provisional + the parent will not need to be a CIP. Make sure to also properly claim the benefit of the provisional in the continuation.

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  • Thanks Mr. White. You are very helpful.. as usual. Have a nice day :-) – PrivateUser Jun 13 '20 at 5:49
  • Can I also amend the claims to protect the content brought from the provisional? – PrivateUser Oct 15 '20 at 14:30
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    Claims needed to be supported by the disclosure. So, yes, if the specification is expanded there may be claims that could be added or expanded. – George White Oct 15 '20 at 17:01

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