Print

Please login or register.
1 Hour 1 Day 1 Week 1 Month Forever
Login with username, password and session length

[dbmax]

1/1/07   NPA1 filed
1/1/08   CIP2 filed (claiming continuity from NPA1)
6/1/08   NPA1 abandoned
1/1/09   CIP3 filed (claiming continuity from CIP2 and NPA1)
1/1/10   CIP2 abandons continuity from NPA1 by amendment, becoming simply NPA2.

Does CIP3 still have continuity from NPA1?

Thanks,
DB

[dbmax]

Put another way:

If CIP2 had been abandoned on 1/1/10, there is no question that CIP3 would still be entitled to the NPA1 filing date.

The question is whether CIP3 would still get the benefit of the NPA1 filling date if continuity from NPA1 is later amended out of CIP2.

35 USC 120 is silent on the question, so by my reading, CIP3 would still get the benefit of the earlier date,  even after that benefit is amended away in CIP2.

Have I missed anything?

DB