5 votes

Continuing patent application strategy?

There are three forms of continuing applications- Divisional, Continuation and Continuation-In-Part (ᴄɪᴘ). It is important for a patentee to understand the difference between the three. A divisional ...
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5 votes

How to check for EP divisional filings?

And in addition to the above answer, you can check if a divisional has been filed but is not yet published at the "Event History" tab of the page Maca provided already. It displays a message reading "...
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4 votes
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How to check for EP divisional filings?

On the EP register, there is a specific field called "Divisional application(s)". This is only shown where there is actually a divisional application. An example of this can be seen on EP 11749534. ...
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  • 6,103
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Can a continuation be sold separately from the parent patent?

Yes, absolutely, as long as there is not a terminal disclaimer that ties the applications together. A terminal disclaimer might be required during patent prosecution to avoid a rejection based on ...
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3 votes

Prior art time relevance when filling continuing application

Continuous application receive the priority date from first filed application but not the allowance date. To receive the priority from first application you need to file continuous application before ...
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  • 1,211
3 votes
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Do terminal disclaimers (TDs) inherit estoppel/disclaimers from TD "family"?

"Disparaging" prior art does not automatically disclaim scope. Previously it was good practice to characterize prior art for its strengths and weaknesses - particularly weaknesses. Then some judges ...
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  • 25.3k
3 votes

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

Term of a patent is 20 years from the date on which the application for the patent was filed at the US Patent Office. Continuing Patent Applications (continuation, CIP and divisional) claim benefit ...
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2 votes

Can I file a continuation / divisional on an issued patent

Note that a continuation application has to be filed before the patenting or abandonment of or termination of proceedings on his or her earlier non provisional application, based on an earlier filed ...
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2 votes

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

The MPEP contains the rules governing a continuation-in-part. Refer to Section 201.08 Continuation-in-Part Application [R-11.2013]. What differentiates a Continuation from a Continuation-in-Part is ...
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  • 1,735
2 votes

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

Yes - you can file a provisional with the new material and then later file a continuation-in-part that claims priority to the parent and also claims the benefit of the provisional. This assumes the ...
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  • 25.3k
2 votes

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

They did it to get one narrow patent issued early while continuing to fight for a broader patent. The continuation application (15/851,879) was filed with the narrowest claim and filed with an ...
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  • 25.3k
2 votes

Continuation Patent

Yes They are two separate patents, each with their own claims. As an example of their independence, the owner can, unless a terminal disclaimer was signed, sell the patents to two different entities. ...
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  • 25.3k
2 votes
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Can I bring the content from parent provisional application to a continuation?

Since the provisional was incorporated by reference, you can amend in any material from it that you like. And a continuation that only has material from the provisional + the parent will not need to ...
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  • 25.3k
2 votes

Advantages of an early continuation application

The advantage of having a continuation application on the "back burner" is to provide continuity with the initial priority application. This keeps any new publications from becoming prior ...
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What does the name "continuation in part" mean?

It has two parts: one part is fully supported by the parent and a second part that is new matter. Not fully, but In part it’s a continuation.
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1 vote

US20160095351A1 I want to manufacture this

US20160095351A1 is a US patent application. It is not a granted patent. Looking at the application on the US Public Pair site it is listed as "Abandoned -- Failure to Respond to an Office Action&...
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1 vote
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Can I file a continuation application using the disclosure of a granted grantparent application while the parent is pending?

Yes - You can make the new application a continuation of the "grandparent" as odd as that might seem. The first sentence needs to very carefully written to state that it is a continuation of the ...
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1 vote

Filing to expand on already filed utility patent, how do I go about this?

There are no "addendum" to a patent application. You have a couple of options. One is to file a provisional and later file a non-provisional that could be a CIP (Continuation in Part) to the current ...
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  • 25.3k
1 vote
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PCT application: when is the last chance to file divisional applications?

If you include claim language for each invention in the PCT application, the selected ISA (international Search Agency) will notice that you have claims to multiple inventions and ask you to pay more ...
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1 vote

Terminal disclamier

What happens when a TD is taken to a patent which itself is a continuation of a patent family that now has been sold? Per 35 USC 154 (c).1: The term of a patent that is in force on or that results ...
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Divisional, continuation or two separate applications?

I think the word "related" is the key here. A divisional application generally cannot get an obviousness-type double patenting rejection over its parent/child/sibling. So you will not need a "terminal ...
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  • 309
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Is there a clear advantage of filing a Continuation application with new claims vs. heavy revisions of original claims?

You do not suggest adding new matter in either scenario. In that case it is infinitely better to file the new application as a continuation of the first application. Designating it as a continuation ...
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1 vote
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Do divisional, continuation, and continuation-in-part affect expiration dates for patents filed prior to June 8, 1995?

Everything you are looking for is in Section 2701. Any prior application the grant is based on, whether it was a continuation, divisional, or continuation-in-part is taken into account for the ...
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  • 312
1 vote
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Parent patent expired due to non-payment - are issued continuations still valid?

Ok first thing First all patents except US6,123,332 have expired for non-payment. I have to dig more for your next question about parent expiry affecting child expiry with respect to maintenance fee. ...
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Chaining unrelated inventions

A less strange way of doing this would be to put them all in one provisional application, and within a year filing a provisional describing and claiming invention 1. It would incorporate the whole ...
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1 vote
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Sell patents from patent family to different buyers?

a Continuation, that focuses on a totally different aspect of the invention Let's hope the PTO agrees that it's a "totally different aspect". If not, you may receive an obviousness-type double-...
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  • 1,011
1 vote

Fixing a poorly written patent application that has not been published

You can't really rewrite a patent application in a continuation. You're thinking of a continuation in part. This is a complex situation and one that a good patent lawyer can provide a lot of help ...
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1 vote

Fixing a poorly written patent application that has not been published

you need to check if invention was identified in provisional or complete application as filed, if what you are thinking now is out of the scope then you have only option of CIP. I think drafter may ...
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