File-Wrapper Continuation Application refers to a patent application that enables inventors to further pursue the examination of their initial patent application by submitting a new application containing supplementary details or modifications to the original application. This can be accomplished through either a continuation or a continuation-in-part application.
A file-wrapper continuation application is a type of patent application that is filed to continue the prosecution of a previously filed patent application. It is used when an applicant wants to add new claims or make amendments to the original application. There are two types of file-wrapper continuation applications:
1. Continuation: This type of application is filed when an applicant wants to continue the prosecution of the original application without making any changes to the claims.
2. Continuation-in-part: This type of application is filed when an applicant wants to add new claims or make amendments to the original application. For example, if a company filed a patent application for a new type of smartphone and later came up with additional features for the phone, they could file a continuation-in-part application to add those features to the original application. This would allow them to continue the prosecution of the patent application while also protecting the new features they have developed.
A File-Wrapper Continuation Application (FWC) is a type of patent application that allows an applicant to pursue additional claims or amendments to their original patent application.
You should file a FWC when you want to pursue additional claims or amendments to your original patent application after it has been filed.
Filing a FWC allows you to pursue additional claims or amendments without having to file a completely new patent application. This can save time and money in the patent application process.
Yes, you can file a FWC for a design patent to pursue additional claims or amendments to your original design patent application.
Filing a FWC does not affect the priority date of your original application. The priority date remains the same as the original application.
Yes, you can file a FWC after your original application has been abandoned, as long as it is within the statutory time limits for filing a continuation application.
Yes, you can file a FWC for a utility patent to pursue additional claims or amendments to your original utility patent application.
A FWC allows you to pursue additional claims or amendments based on the original application, while a continuation-in-part application allows you to pursue new subject matter in addition to the original application.
Yes, you can file multiple FWCs based on the same original application to pursue different sets of claims or amendments.
You have a limited time period to file a FWC after your original application has been granted, so it is important to consult with a patent attorney to ensure you meet the deadlines.
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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