A continuation application is a form of patent application that is submitted to further review a previously filed patent application. There are two types of continuation applications: continuation and continuation-in-part. A continuation application is used to continue the examination of a previous patent application without introducing any new information. On the other hand, a continuation-in-part application is used to continue the examination of a previous patent application while including new information.
A continuation application is a type of patent application that enables an inventor to continue seeking patent protection for an invention previously disclosed in an earlier application. There are two types of continuation applications:
1. Continuation: This application is filed when an inventor wants to continue pursuing patent protection for an invention disclosed in a previous application. The continuation application is filed before the earlier application is granted or abandoned.
2. Continuation-in-Part: This application is filed when an inventor wants to continue pursuing patent protection for an invention disclosed in a previous application, while also adding new material to the application. The continuation-in-part application is filed before the earlier application is granted or abandoned.
For example, if an inventor filed a patent application for a new type of bicycle frame and later discovered a way to improve the design, they could file a continuation-in-part application to add the new material to the original application and continue pursuing patent protection for the improved design. Similarly, if an inventor filed a patent application for a new type of software program and later discovered a new feature that could be added, they could file a continuation application to pursue patent protection for the original program and then file a continuation-in-part application to add the new feature.
Continuation applications allow inventors to continue seeking patent protection for their inventions, even after an initial application has been filed, which can be beneficial if the inventor discovers new information or makes improvements to the invention.
A continuation application is a type of patent application that allows an inventor to pursue additional claims or improvements to their original invention. It is filed with the United States Patent and Trademark Office (USPTO) and is based on the same specification as the original application.
You should file a continuation application when you have new claims or improvements to your original invention that were not included in the original application. It allows you to continue the patent prosecution process and potentially obtain additional patent protection.
Yes, you can file a continuation application even after your original application has been granted a patent. This allows you to pursue additional claims or improvements that were not included in the original patent.
Filing a continuation application allows you to pursue additional patent protection for new claims or improvements to your invention. It can help strengthen your overall patent portfolio and provide you with broader protection against potential infringers.
Yes, filing a continuation application requires payment of additional fees to the USPTO. The fees vary depending on the type of continuation application you are filing, such as a continuation-in-part or a divisional application.
Yes, you can make changes to your original invention in a continuation application. However, the changes must be supported by the original specification and cannot introduce new subject matter that was not disclosed in the original application.
The examination process for a continuation application can vary, but it generally takes a similar amount of time as the original application. It can take several years for the USPTO to complete the examination and issue a final decision.
Yes, you can choose to abandon a continuation application at any time during the prosecution process. However, keep in mind that once abandoned, you will lose the opportunity to obtain patent protection for the claims or improvements included in the continuation application.
Yes, you can file multiple continuation applications based on the same original application. This allows you to pursue different claims or improvements separately and potentially obtain multiple patents for your invention.
No, continuation applications are not available for design patents. They are only applicable to utility patents, which protect the functional aspects of an invention. Design patents, on the other hand, protect the ornamental design of a product.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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