Scenario: My client filed a US Provisional 3 years ago and followed it up with a non-provisional 2 years ago. The patent has not been allowed (pending grant since issue fee hasn't been paid yet).
Problem: He now wants to extend his patent to EU, China and Australia, years after the 12-month period for Convention/PCT applicaiton expired.
Can he file a Continuation or CIP in the USPTO right now and then file a corresponding application in EPO, Aus, China, etc?
Will the parent application filed in the USPTO be considered as prior art?
Question: What are the implications for: (i) Continuation Patent with the same spec but new claims; and (ii) CIP - slightly new subject matter and improved claims.
Will the parent US application be cited as prior art?