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Author Topic: Too much added detail in a CIP?  (Read 1392 times)

khazzah

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Re: Too much added detail in a CIP?
« Reply #15 on: 01-28-11 at 01:06 pm »

Yeah, that's what OP is doing. So any idea why there is such a thing as a PCT-CIP?

I think it allows the US to do its thing while along others to do theirs which I believe  would mean ignoring any priority claims.  But it might mean that I've made an error.  I hope not, I'm already well over quota for the week.

Sounds like there are two alternatives for filing a PCT app which will become a US-national-stage CIP.

One, the PCT-CIP mentioned in the MPEP 1817.02. At US national stage, the new matter gets the PCT-CIP filing date while the old matter gets the older priority date. [Standard US practice.] At other-than-US national stage, the priority claim is completely ignored because of the new matter? [That sounds bad!]

The other is a plain PCT, followed at US national stage by a continuation which is a CIP. At national stage in all countries, the priority claim is granted because there was no new matter added. [That's good, right?] The extra application is a US-only CIP, so normal CIP rules apply: the new matter gets the PCT-CIP filing date while the old matter gets the older priority date.

Is there reason to prefer one route over the other?
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Karen Hazzah
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Isaac

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Re: Too much added detail in a CIP?
« Reply #16 on: 01-28-11 at 01:17 pm »

Is there reason to prefer one route over the other?

If the current application is not sufficient, the OP needs to do something about his international filing.
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Isaac
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