Re: CIP

Subject: Re: Re: CIP

Comments:
: : My question regards the use of a CIP for priorty in a PCT application - my understanding is that a CIP can be used as a basis for a PCT, but my boss seems to think that they are invalid in Europe or can't be used as the basis of a CIP. Who is right? : Dear Ray Walsh, : My unresearched answer is that is that if the total subect matter in the PCT application, even a CIP is less than a year old, then there is PCT priority. : If the CIP is filed more than one year after the parent application, there is only priority as to the new matter. : M. Arthur Auslander : Auslander & Thomas-Intellectual Property Law Since 1909 : 505 Eighth Avenue, New York, NY 10018 : 212-594-6900, fax 212-244-0028, aus@auslander.com : ELAINE's Workshop (sm) : E arly L egal A dvice I s N ot E xpensive

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