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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 "Change - divisional application(s)" and on the far right the date on which the filing of the divisional will be announced at the EP Bulletin. This is ...


6

A continuation is a later patent application filed during the pendency of an earlier ("parent") application which has the same disclosure as the parent application. If the continuation includes additional subject matter it is called a "continuation-in-part" or "CIP". If the continuation has claims directed to a different invention than the claims of the ...


5

I am creating a wiki for the answer(s), please feel free to update below each question as appropriate. If you have a second answer, number it accordingly and place it below other answers. For (a) an application that has NOT yet been issued, sub-questions: (1) Does the NEW application cancel the previous (original) application, taking its priority (filing)...


5

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 application is often filed as a result of a restriction requirement made by the examiner. The divisional application must claim the benefit of the prior ...


5

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. This shows EP 16178435 is a divisional. If you want to find more divisionals generally, one approach is to search for an application having an application date ...


3

"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 decided to read the specification into the claims and say that the the inventor must have meant to only claim less than was claimed. Another problem with ...


3

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 a patent gets granted, if you wish to file after the patent has granted then you would loose the opportunity. In the question you have asked if a patent was ...


3

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 parent is still pending and it is within a year of the new provisional. If done correctly, the new material in the continuation-in-part gets the benefit of the ...


3

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 from the earlier filed non provisional application (parent application). The term of any patent issuing from a continuation, CIP or divisional application is 20 ...


2

Calling something a variation on an embodiment vs calling something a different embodiment is not likely to make a real difference. The important thing would be to get all of these different ways to do it with their slightly different outcomes on paper. The issue of something being a different "invention", technically, will be how the examiner (I am ...


2

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 patent application, wherein there is no new disclosure. However, a additional set of features can be claimed. However, a divisional application is filed on a ...


2

You might want to consider pursuing a reissue application (see MPEP Chapter 1400).


2

To be a divisional or a continuation an application has to have overlapping pendency with the "parent" application. Pendency ends the day of issue so, unless you filed something while it was pending, there is no way to file a divisional or continuation. It might still be possible to re-file a new application and claim the subject matter that was left ...


2

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 the inclusion of Paragraph 2.06: Possible Status as Continuation-in-Part. This is an indication that your Continuing Patent Application contains information not ...


2

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 optional costly process that provides accelerated examination. IBM got a notice of allowance on the continuation but the parent (15/429,121) application is still ...


2

The second one (US9613446) is a continuation of the first one. IF you look at the claims, the second one claims a method and a computer program product while the first one claims a computer, so they have complementary scope of protection. Maybe the attorneys were not sure about claiming the software parts and the computer in a single patent. (Or any other ...


2

Child applications / patents are separate issues. They do not share procedures. So the answer is simply: It doesn't matter if the parent expired, lapsedor got invalidated.


2

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 double-patenting. Under a terminal disclaimer common ownership of the covered patents is required. Both must be sold together with the requirement that they stay ...


2

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 for them to search the ones beyond the first invention. You can do this, incurring large "divisional" related expenses, early in the process. Alternately you ...


2

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. EDIT The claims must be patently distinct but one patent might have claims to a method of making something and another patent might be to the thing itself. ...


1

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 priority date. No term adjustments or extensions are allowed on grants from applications filed prior to June 8, 1995. The only other bit of information you should look ...


1

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 from an application filed before the date that is 6 months after the date of the enactment of the Uruguay Round Agreements Act shall be the greater of the 20-...


1

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 disclaimer". This means that you will have an easier time selling each patent to a different buyer. Also, if one patent gets a term adjustment, it will stick. ...


1

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 basically means you are claiming priority from the previous application. Without that priority, anything that came out between the filing of the first and the ...


1

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-patenting rejection to overcome. Usually, that's done with a terminal disclaimer that will require common ownership of the patents. I would be very wary of selling ...


1

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 with. You'll definitely want to move on this prior to publication. This is one where taking advice over the internet is not the way to go. Get a properly ...


1

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 have forgot to differentiate background and description, if yes then you could in a way improve specification via amendments. further these amendments should ...


1

Your question involves to many possible answers in some of them you are bound to sign and in some you can deny signing the declaration. If you have assigned all rights of patent to organization then authorized representative can sign instead of you. In case you have not assigned the IP rights then you can visit the amended new claims and see if they were ...


1

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. though i doubt that happens NOW to main question in US patents wherein Parent child relation exist generally a terminal disclaimer is seen. If parent patent ...


1

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 provisional by reference. A continuation of that application could claim priority chained back to the provisional. I think it should work but if the inventions ...


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