|
Author |
Topic: Parent patent app. a 102(b) ref. to a CIP? (Read 2249 times) |
|
jdpeters54
Newbie

Posts: 1
|
 |
Parent patent app. a 102(b) ref. to a CIP?
« on: Oct 6th, 2005, 4:53pm » |
Quote Modify
|
If you file a continuation-in-part application having new matter, can the publication of the parent application be considered prior art under 35 USC 102(b) such that the parent patent application publication can be used in a obviousness rejection under 35 USC 103? It would seen to me that as you are claiming priority to the parent application (and therfore have the same term as the parent), you should be entitled not have what was disclosed by you in the parent be used as prior art against you. Otherwise, why would you file a CIP and not just file an new application?
|
|
IP Logged |
|
|
|
Isaac
Senior Member
   
Posts: 3472
|
 |
Re: Parent patent app. a 102(b) ref. to a CIP?
« Reply #1 on: Oct 6th, 2005, 6:34pm » |
Quote Modify
|
It's important to note that priority in a CIP is on a claim by claim basis. Claims that rely on the added subject matter do not get the benefit of priority. As for your question about the reasons for filing a CIP. It's sometimes the case that filing a CIP provides no useful benefit in priority, and at the same time results in a shortened patent term. In those cases, it may not make sense to file a CIP. OTOH a CIP does keep a copending continuation around.
|
|
IP Logged |
Isaac
|
|
|
Jake Blackmoore
Guest
|
 |
Re: Parent patent app. a 102(b) ref. to a CIP?
« Reply #2 on: Nov 26th, 2006, 9:42pm » |
Quote Modify
Remove
|
Just to follow up on this thread, can the published application of the parent patent be used to reject claims on the CIP under 103?
|
|
IP Logged |
|
|
|
|
|