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Author Topic: Patent term of Continuation in part application  (Read 1228 times)

jita

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Patent term of Continuation in part application
« on: 12-07-16 at 01:33 am »

Hello, I've got a question.

Let's say new matter is introduced in the claim and specification
at the time of filing of a continuation in part (CIP) application and then the CIP is allowed.

In this particulat case, does patent term of the CIP patent continue untill twenty years from the date of the
parent application or twenty years from the date of the CIP application?

Thank you,
jita
« Last Edit: 12-07-16 at 03:20 am by jita »
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JV

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Re: Patent term of Continuation in part application
« Reply #1 on: 12-07-16 at 09:01 am »

Hello, I've got a question.

Let's say new matter is introduced in the claim and specification
at the time of filing of a continuation in part (CIP) application and then the CIP is allowed.

In this particulat case, does patent term of the CIP patent continue untill twenty years from the date of the
parent application or twenty years from the date of the CIP application?

Thank you,
jita
The CIP term is still counted as beginning from the date to which priority is claimed, same as the parent application.  You basically have the choice of (a) claiming priority to get the benefit of the priority date or (b) not claiming priority and getting the benefit of a potentially later expiration date (only potentially later because the parent might have a different patent term adjustment).  Personally, I will only file a CIP prior to 18-month publication of the parent.  After that point, you don't get any benefit from the priority claim since the published application will be prior art to the CIP, and all you are doing is giving up patent term.
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jita

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Re: Patent term of Continuation in part application
« Reply #2 on: 12-09-16 at 02:05 am »

Thank you for your prompt posting, JV.
It was very helpful. ;)
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mhgy

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Re: Patent term of Continuation in part application
« Reply #3 on: 12-12-16 at 10:55 am »

Hello, I've got a question.

Let's say new matter is introduced in the claim and specification
at the time of filing of a continuation in part (CIP) application and then the CIP is allowed.

In this particulat case, does patent term of the CIP patent continue untill twenty years from the date of the
parent application or twenty years from the date of the CIP application?

Thank you,
jita
The CIP term is still counted as beginning from the date to which priority is claimed, same as the parent application.

Patent term does not necessarily begin from the date to which priority is claimed. Certain types of priority are specifically excluded from the patent term calculation, e.g., a claim to a provisional. See 35 USC 154(a)(3) and MPEP 2701(I)-(IV).
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