Tim Saulsbury -- Continuations in Part A continuation in part (“CIP”) is a type of continuing application that: shares* the priority date of an earlier “parent” application adds information that was not in the parent application yet repeats some substantial portion of the parent's specification 35 USC 132(a) (no new matter); Rule 53(b)(2) (37 CFR §1.53) (CIPs and other types of continuING applications and their filing dates); MPEP 201.08 (CIPs) 6/27/2018 Tim Saulsbury -- Continuations in Part

Continuing applications generally A continuing application is filed to pursue additional claims to subject matter in a parent application These child applications are often, but not always, filed to overcome problems the examiner has with the parent There are 3 types: continuation, divisional and CIP. 35 USC 132(a); 37 CFR 1.53; MPEP 201.08 6/27/2018 Tim Saulsbury -- Continuations in Part

Possible Reasons for Filing a CIP The applicant needs to amend the specification to satisfy § 112. E.g., the Examiner rejected claims in the parent for lack of support in the specification, then objects to an amendment to the specification because it introduces new matter. After filing, the applicants improved their invention. They can use the priority date of the parent as a shield, at least as to what discloses. (But beware of 102b activities by the applicants that involve the NEW MATTER.) 6/27/2018 Tim Saulsbury -- Continuations in Part

Tim Saulsbury -- Continuations in Part Dangers & benefits Dangers: loss of priority date if new matter is necessary to support claims; the priority date of such claims is the CIP date shorter length of patent life if the CIP shares its parent’s priority date cost of filing the continuing application Benefits: the applicant can get claims that are more tailored or cover a wider range of activities by potential infringers 6/27/2018 Tim Saulsbury -- Continuations in Part