Questions tagged [continuation]
This tag should be applied to questions involving continuation patent applications or patents granted from continuation applications.
39
questions
1
vote
1
answer
26
views
Claiming priority in EPO from a US Continuation/CIP Patent Applicaiton?
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).
...
- 11
0
votes
1
answer
30
views
What does the name "continuation in part" mean?
I understand that a "straight" continuation allows for the addition of new claims, but no new matter in the description.
I also understand that a "continuation in part" allows for ...
- 233
1
vote
1
answer
24
views
Advantages of an early continuation application
I've been told that having an ongoing continuation application on an open submission is often desirable, and increases the value of the patent, should one seek early sale.
Also, by googling this ...
- 157
0
votes
1
answer
45
views
US20160095351A1 I want to manufacture this
I a patient is abandoned due to unpaied fees filed 2015? Can I take it over to produde? US20160095351A1 called hydro puff. There is another produce called top puff that looks the same too. How do I ...
- 1
0
votes
1
answer
54
views
Can I bring the content from parent provisional application to a continuation?
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 ...
- 373
0
votes
1
answer
22
views
Can I file a continuation application using the disclosure of a granted grantparent application while the parent is pending?
Jan 2020 - A non-provisional application filed. This is the GRANDPARENT application. It contains around 5 inventive concepts. The patent claimed the inventive concept 1.
Jan 2021 - A continuation ...
- 373
2
votes
1
answer
49
views
Continuation Patent
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
- 21
1
vote
1
answer
50
views
Filing to expand on already filed utility patent, how do I go about this?
I have already filed non-provisional utility patent applications. I need to add more information prior to the USPTO publishing one of them. Basically, I'm going to copy the existing application, and ...
- 97
1
vote
1
answer
78
views
PCT application: when is the last chance to file divisional applications?
Overview:
I have several related inventions in a slowly emerging industry.
Goal of minimizing upfront cost:
I'm trying to preserve an early priority date while minimizing/delaying upfront cost as ...
- 261
1
vote
1
answer
229
views
Can a continuation be sold separately from the parent patent?
Can a continuation be sold separately from the parent patent if no terminal disclaimers are in place?
1
vote
1
answer
154
views
Does a continuation-in-part keep a USPTO patent family alive in the same way as a continuation?
A patent can be "kept alive" by filing a continuation before the patent issues, and then continuing to file continuations in the same manner in a chain of applications.
Does the same hold for filing ...
2
votes
2
answers
50
views
Prior art time relevance when filling continuing application
I was wondering whats considered a prior art when dealing with a continuing application?
From reading online, once a continuing application is approved, it receives the allowance date of the original ...
- 31
0
votes
2
answers
65
views
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 ...
0
votes
1
answer
146
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 ...
- 97
2
votes
1
answer
119
views
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 ...
- 21
1
vote
1
answer
54
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 ...
1
vote
1
answer
57
views
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 ...
- 113
3
votes
1
answer
74
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 ...
- 31
2
votes
0
answers
95
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 ...
1
vote
1
answer
191
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 ...
3
votes
3
answers
533
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 ...
- 866
1
vote
2
answers
154
views
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 ...
- 866
2
votes
1
answer
76
views
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 ...
- 633
2
votes
1
answer
111
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 ...
- 21
2
votes
1
answer
2k
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
...
- 1,753
4
votes
1
answer
569
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 ...
- 51
1
vote
1
answer
162
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 ...
- 73
1
vote
0
answers
11
views
is this patent time over?..can I continue the work mentioned in it? [duplicate]
In reference to the patent: US6730252
- 11
4
votes
2
answers
184
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 ...
- 81
2
votes
2
answers
568
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 ...
- 121
1
vote
2
answers
2k
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 ...
- 113
0
votes
1
answer
131
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 ...
- 496
1
vote
1
answer
450
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 ...
- 496
1
vote
1
answer
118
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 ...
- 11
1
vote
1
answer
105
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 ...
3
votes
3
answers
5k
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 ...
0
votes
1
answer
291
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 ...
- 302
1
vote
1
answer
117
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 ...
- 383
11
votes
4
answers
10k
views
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:
...
- 863