Why file a continuation before your patent is granted?

Why file a continuation application before your utility patent is granted? “I don’t know what I don’t know.” This axiom rings true for me especially when it comes to the future. My hunch is that most patent owners cannot foresee all the ways in which competitors will try to design around their patents. Filing a […]

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CIP vs. Continuation: Which should you file?

What are the differences between a CIP and continuation? Both types of applications fall under the category of a continuing application. A continuing application is a separately filed application that is linked to a previously filed pending non-provisional application. By definition, the continuing application will have at least some of the original subject matter contained […]

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What is a Restriction Requirement?

Is my patent application being rejected? If a patent examiner thinks that the pending claims in a patent application are directed to more than one invention, the examiner may issue a Restriction Requirement asking the applicant to pick a certain group of claims to prosecute in the pending application. A Restriction Requirement does not necessarily mean […]

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Why file a continuing application?

Reasons for Filing a Continuing Application Two key reasons may justify filing a continuing application that stems from a pending patent application: You want to pursue different claims than those in the pending application; or You have invented new subject matter (e.g., features, concepts, improvements, variations, processes, etc.) not disclosed in the pending application. Different Claims You […]

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What are parent and child patent applications?

What is a parent application? A parent application is typically the first non-provisional patent application filed for an invention. It is possible that a parent application may disclose multiple inventions. What is a child application? A child patent application is filed while a parent application is still pending (i.e., not issued or abandoned). By linking a child to […]

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