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Final Rule: Changes To Practice For Continued Examination Filings ... - Uspto
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Applications and requests for continued examination), for the examination of claims in patent applications, and multiple applications that have the same.
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FAQ
The filing of a continuation, divisional, or continuation-in-part application of a PCT application designating the United States is known as a “bypass” application.
So what are the differences? A Continuation allows an inventor to modify the claims, so long as the specification remain unchanged. A CIP allows an inventor to modify the specification, so long as the majority of the specification remain unchanged.
In a divisional or continuation patent application, a claim of priority gets the priority date of the patent application that was filed earlier since they have an identical specification.
An examiner is expected to turn in a response to an amendment after final rejection within an average of 11 calendar days from the time the amendment is received by the examiner. A reply to an amendment after final rejection should be mailed within 30 days of the date the amendment is received by the Office.
A patent term in the U.S. typically extends 20 years from the date of filing. [8] Thus, the expiration date of both the original patent and the continuation will likely be 20 years from the filing date of the original patent, although patent term adjustment may apply.
What is a CIP? A CIP is halfway between a continuing application and a wholly new application. It inherits the priority date of its parent application for all material in the original disclosure, but allows the inclusion of new matter with a new priority date attached to it.
A. When you have an improvement to an invention disclosed in a prior filed application, your options are to either file a new application or a continuation-in-part application. Below is a quick summary of the benefits and detriments of filing a continuation-in-part application.
Continuation-in-part applications are generally filed in instances where applicants seek to add matter to the disclosure which is not supported by the disclosure of the international application as originally filed, as new matter may not be added to a U.S. national stage application.
Related content
Changes to CPA Practice; Final Rule
APPLICABILITY DATE: This rule change applies to all continued prosecution applications...
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