Questions tagged [continuation-in-part]
The continuation-in-part tag has no usage guidance.
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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).
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Effects on continuation-in-part of now-abandoned patent
Google Patents says that US patent application US11/673,907 is now abandoned for "FAILURE TO RESPOND TO AN OFFICE ACTION". But before it was abandoned US29/339,218 was filed as a ...
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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 ...
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Can I restore material from a parent application deleted in an intervening CIP and not lose the parent’s priority?
The parent application was filed in 2019 based on a provisional filed in 2018. I didn’t fast track the parent, thus it is still pending, and it contained enough material for several patents. Since ...
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Does a CIP IDS require a copy of the parent US application?
I'm filing 2 CIPs on a US parent application that was published less than a year ago, with the specification cross-referencing the parent and a couple of later provisionals. Should the IDSs list any ...
- 217
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Will a request for expedited examination of a CIP force an office action on a languishing parent application?
I have one patent application filed and two more coming soon, all on the same general subject matter. Application A was filed in 2018 and has yet to see action, and I will soon be filing applications ...
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45
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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
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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?
- 217
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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-...
- 217
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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 ...
- 373
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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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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 ...
- 633
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118
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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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139
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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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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 ...
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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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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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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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2
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154
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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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548
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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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310
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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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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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558
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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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is this patent time over?..can I continue the work mentioned in it? [duplicate]
In reference to the patent: US6730252
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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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157
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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?
