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This tag should be applied to questions involving continuation patent applications or patents granted from continuation applications.

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What happens if there is not enough support in the specification for a continuation

I have an allowed patent application and am working on a continuation. There is material in the specification that I think supports a further development of the original invention, so I'm drafting ...
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1answer
26 views

After filing Regular patent applications, can I file a Provisional, which would be the basis of Continuation filings after I go public?

I previously asked this question: I have filed non provisional, regular utility patents applications. I will be also filing continuation applications. Can I add or amend claims after the content is ...
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0answers
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Can an abandoned patent affect an issued one ? There's a twist

Patent A was filed formally, March-13-2010, published Nov-2011 Patent B was filed provisional, March-14-2010, then formal-filed Mar-2011 The patents covered some similar areas, but Patent B spec was ...
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1answer
21 views

Why would a corporation file a continuation that consists of one large claim?

I've found an allowed continuation to a parent patent application, in which the continuation contains a single claim that appears to be one long concatenation of the original 20 claims of the parent ...
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1answer
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What is the relationship between my two apparently identical patents?

Patents US9607415 and US9613446, which I invented and do not understand, appear identical. What is the relationship between these? Are they legally distinct, with one a continuation? Did the lawyers ...
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1answer
35 views

Terminal disclamier

What happens when a terminal disclaimer is taken to a patent which itself is a continuation of a patent family that now has been sold? Only the latest member of the family is cited in the terminal ...
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0answers
24 views

Can you file a continuation immediately after filing an application?

If I have a disclosure that lacks unity of invention, I believe that I can file an application, wait for a restriction requirement, elect one set of claims and then file a divisional with the second ...
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1answer
30 views

Divisional, continuation or two separate applications?

I have two related but distinct inventions, which I have drafted one specification for. What is the best strategy: file the specification with two sets of claims (which will include more than 20 ...
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2answers
43 views

How to check for EP divisional filings?

In the US, continuation applications of a given application can be checked for in the "Continuity Data" tab in PAIR. In the case of EPO, divisionals (the analogue of continuations) may be less common ...
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2answers
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Do terminal disclaimers (TDs) inherit estoppel/disclaimers from TD “family”?

E.g. assume first-filed application X disparages the prior art, thus implicitly disclaiming that scope. Does later-filed application Y filing a terminal disclaimer over app X also lose this claim ...
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1answer
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Is there a clear advantage of filing a Continuation application with new claims vs. heavy revisions of original claims?

(Clarifying with more detail): With the original application in prosecution with multiple rejections to be resolved, is there an advantage of filing a Continuation application with the same specs but ...
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1answer
54 views

Expired patent with pending continuation applications and appeals on those

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 ...
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1answer
1k views

Do divisional, continuation, and continuation-in-part affect expiration dates for patents filed prior to June 8, 1995?

As noted in an answer regarding the expiration of US 5,618,582, the effective expiration date of the patent was calculated as: The patent application was filed on June 7, 1995 and issued on April ...
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1answer
407 views

What is the process for filing a continuation-in-part?

I need someone to provide me with a detailed explanation for the process for filing a continuation in part within one year of originally filing for a patent. I know you pay the same fees as you did ...
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1answer
104 views

Sell patents from patent family to different buyers?

I have filed a Continuation, that focuses on a totally different aspect of the invention, and, if and when granted, expect the Continuation patent to be worth more than the original patent. Assuming ...
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0answers
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2answers
145 views

Fixing a poorly written patent application that has not been published

I have a patent application that was poorly written. There have been no office actions on the merits and the application has not published. I want to basically rewrite the app, or at least change it ...
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2answers
400 views

Obligation to sign new declaration for new continuation application

I am named as an inventor on a patent that I assigned to company A 17 years ago. At the time, I was employed by a contracting firm, company B, which was under contract to company A. Some time after ...
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2answers
836 views

Parent patent expired due to non-payment - are issued continuations still valid?

US patent 5938197 shows that it is expired due to non-payment (according to the search here: http://portal.uspto.gov/pair/PublicPair ). This patent has several children/continuations. Does the fact ...
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1answer
91 views

Chaining unrelated inventions

I asked this question and it seems there divisional applications can have the same detailed description. I know that before the patent is issued, I can file another application claim priority date of ...
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1answer
372 views

Continuing patent application strategy?

A good strategy is filing continuing patent to close holes in claims, so here is my question: Can continuing patent application be filed the same as the prior application or it must have some changes ...
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1answer
82 views

Is a co-inventor listed in a patent application have to be a co-inventor in a divisional patent application?

My name is on a patent application as first inventor. My friend's name is on a patent application as second inventor. I'm planning to file a divisional patent application. Does his name have to be ...
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1answer
91 views

Provisional, publication and continuation

Suppose one files a provisional that describes methods A and B, then publishes a paper describing methods A and B, then files a non-provisional that claims the benefit of the provisional and describes ...
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3answers
4k views

Can I file a continuation / divisional on an issued patent

A patent application that I wrote issued as a patent in August 2013. I have not claimed a few features that were disclosed in the specification. Is it possible to file a continuation / divisional ...
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1answer
211 views

Continuation patent and novelty

Even though it is usually described that continuation patents are mainly used to broaden or change claims about a disclosure made in a parent patent application, I am led to understand they can also ...
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1answer
99 views

patent continuation

I filed a patent application a month ago. Now I found a simpler way of doing very similar thing to what I had described, basically eliminating one of the main 3 blocks of the invention. So I'm going ...
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4answers
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What is a continuation patent?

I understand that a continuation patent builds upon an existing patent (or application) by the same inventor. However, I find some aspects to be murky and prone to misuse. Specific questions follow: ...