Questions tagged [continuation-in-part]

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19 views

Docket numbers of CIPs with electronic filing

As a practical matter, is it better to use the same docket number with electronic filings for CIPs of a parent application, or different ones?
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1answer
20 views

Can a CIP claim priority to a provisional application filed after the parent non-provisional?

I filed a first provisional and a non-provisional claiming priority to the first provisional less than a year later. Now I've made substantial improvements and would like to protect it before the non-...
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1answer
17 views

When exactly your own disclosures will be used as prior art against you?

If I understand correctly USPTO is a "relative novelty" office. There is a grace period of 1 year. Whereas EPO is an "absolute novelty" office. Anything disclosed before filing will be used against ...
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1answer
31 views

Co-inventorship when claims based on the contributing inventor's concepts are dropped during prosecution

First, an explanation of the overall context is needed: A CIP has been filed by a sole inventor (me). After filing, it was decided that another individual probably should have been credited as a co-...
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1answer
20 views

Describing your own prior art in specs for a CIP

In a CIP application that is essentially an improvement on one's own prior art: Should specifications review and summarize what the parent patent (or application) does (maybe state that patent's ...
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1answer
39 views

Repeating claims in a CIP that are identical to those in the parent application or granted parent patent

In a Continuation in Part application, and referring only to those claims from the original application where they, and the specifications they refer to, are remaining unchanged – is there any need to ...
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1answer
55 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 ...
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2answers
29 views

Continuation in part to overcome concerns of undue experimentation

If I want to add details to a patent submitted to the uspto in order to add detail to overcome fears of the need for undue experimentation, will a flow up with a continuation in part mitigate the risk ...
2
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1answer
54 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 ...
2
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1answer
428 views

Format of Continuation-In-Part Specification and Claims

Referring to this question: Adding useful and unobvious functionality to existing patent Alice has thus decided to proceed with filing a Continuation-In-Part application. Would it suffice a simple ...
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1answer
203 views

Adding useful and unobvious functionality to existing patent

Alice owns the patent for a blood pressure measurement device consisting of three elements: A) a sensor B) a particular signal processing circuit (the juice of the novel and unobvious functionality) ...
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2answers
92 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 ...
2
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1answer
332 views

Risks of splitting invention into multiple patents?

There is a similarly-titled question that asks whether it is possible to split an invention into multiple patents. The question here is what are potential risks of doing so. Patents may potentially ...
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3answers
296 views

Broader claim for a Provisional application after non-provisional application - same invention

a) Filed several provisionals [P1] between March 2016 and March 2017. b) Filed a non-Provisional [NP1] in March 2017 claiming priorities from P1. c) Filed a provisional [P2] May 2017 containing ...
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1answer
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 ...
4
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1answer
489 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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0answers
11 views

is this patent time over?..can I continue the work mentioned in it? [duplicate]

In reference to the patent: US6730252
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2answers
172 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
131 views

Understanding File History and child parent of a Patent

In reference to the patent: US20030154017 Priority date is 1996 and based on number the patent is in Application status, how come?