Expired patent with pending continuation applications and appeals on those

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When a patent expires due to non-payment what happens to pending child continuation applications and an appeal of a child continuation application? I assume the expire patent is not valid at least while expired so there would be nothing for the applications to tie to. Will the PTO still consider the application from a couple of years ago and an appeal of an application from several years ago?

CMSBFS

Posted 2016-06-28T20:02:14.643

Reputation: 21

Answers

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Child applications / patents are separate issues. They do not share procedures. So the answer is simply: It doesn't matter if the parent expired, lapsedor got invalidated.

DonQuiKong

Posted 2016-06-28T20:02:14.643

Reputation: 5 637

1I agree. However, I wonder if you might be able to add some references for posterity's sake? I assume there's something salient in the MPEP on it, though I haven't looked. – Maca – 2017-01-17T12:04:52.447