Can you file a continuation design application?
So it is possible to file a design patent continuation application as long as the parent application is still pending.
What is a continuation application?
In simple terms, a “continuation” application is a new patent application allowing one to pursue additional claims based upon the same description and priority date(s) as a pending “parent” application. Continuation applications are a flexible tool, useful for furthering numerous business objectives.
Can a PCT application be a continuation application?
Yes, an applicant may file a US continuation-in-part (CIP) application based on an international PCT application that designates the United States [see 35 USC 365(c) and 35 USC 120]. This CIP is also known as a bypass CIP which is distinguishable from a bypass continuation that does not add new matter.
What is the difference between a divisional and a continuation application?
The continuation application is the same disclosure as the parent application with claims similar to the parent application. The divisional application is the same disclosure as the parent application but with claims directed to different subject matter compared to the parent application.
Can I file continuation after paying issue fee?
The United States Patent Office (USPTO) recommends that a continuation “should” be filed prior to payment of the issue fee. As a practical matter, we can delay at least a couple of weeks after payment of the issue fee to get these things in order. It is never a good idea to go to close to a deadline.
What is a continuation of a PCT 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.
What is continuation and continuation-in-part?
A. A continuation-in-part (CIP) patent application is a patent application that claims priority to a Prior Application A that adds new subject matter to create CIP Application B.
How long does it take for patent to issue after paying issue fee?
about four weeks
Under the current publication process, utility and reissue patents are issued within about four weeks after the issue fee and any required publication fee are received in the Office.
What is a continuation-in-part application?
A continuation-in-part application (CIP) is an application filed subsequent to an original application which includes new material not covered in the original application. A CIP provides a way for an inventor to supplement an earlier patent application with new matter to cover improvements made since the first application was filed.
What makes a prior nonprovisional application different from a continuation application?
(i) The prior nonprovisional application contained an oath or declaration as prescribed by paragraphs (a) through (c) of this section; (ii) The continuation or divisional application was filed by all or by fewer than all of the inventors named in the prior application;
When to file a continuation application for a rejected patent?
A “continuation application” must be filed within three months after a patent application is rejected, unless an extension is obtained by filing an extension application and paying the appropriate fee. A continuation application requires a new fee and new claims and will receive a new serial number and filing date.
Which documents should not be entered in the image file wrapper?
Papers that do not become a permanent part of the record should not be entered as a paper in the image file wrapper. No paper legally entered in the image file wrapper should ever be withdrawn or expunged from the application file, especially a part of the original disclosure of the application, without special authority of the Director.