What is the process for filing a continuation-in-part?



I need someone to provide me with a detailed explanation for the process for filing a continuation in part within one year of originally filing for a patent. I know you pay the same fees as you did for the original patent... but what's the procedure - do you use the same forms, submit the same way... etc?


Posted 2015-07-07T00:40:14.907

Reputation: 61



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 disclosed in the original patent. If the paragraph is not present but necessary, you may end up with additional Office Actions to resolve the problem.

I haven't yet had to file a Continuation-in-Part, but from what I can discern from the MPEP, this is the same procedure as a normal Continuing Application, just with the addition of Paragraph 2.06.

Please note that there are some additional considerations for a Continuation-in-Part since the America Invents Act went into effect. Adding new subject matter at this point can weaken a patent. For instance, consider what this might do to your Priority Date.


Posted 2015-07-07T00:40:14.907

Reputation: 1 775