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Encyclopedia > Continuing patent application

A continuing patent application is a patent application which follows an "original" patent application. A patent is a set of exclusive rights granted by a government to an inventor or applicant for a limited amount of time (normally maximum 20 years from the filing date, depending on extension). ... A patent application is a request filed before a patent office in which an applicant applies for a patent for an invention. ...


In United States patent law for instance, a continuing patent application may be a continuation, divisional, or continuation-in-part application. Those are three special types of patent applications. The United States of America — also referred to as the United States, the U.S.A., the U.S., America, the States, or (archaically) Columbia—is a federal republic of 50 states located primarily in central North America (with the exception of two states: Alaska and Hawaii). ... A patent is a set of exclusive rights granted by a government to an inventor or applicant for a limited amount of time (normally maximum 20 years from the filing date, depending on extension). ... Law (a loanword from Danish- Norwegian lov), in politics and jurisprudence, is a set of rules or norms of conduct which mandate, proscribe or permit specified relationships among people and organizations, provide methods for ensuring the impartial treatment of such people, and provide punishments for those who do not follow...

Contents

Continuation

A "continuation application" is a patent application filed by an applicant who wants to pursue additional claims to an invention disclosed in an earlier application of the applicant (the "parent" application) that has not yet been issued or abandoned. The continuation uses the same specification as the pending parent application, claims filing date priority of the parent, and must name at least one of the same inventors as in the parent. This type of application is useful when a patent examiner has allowed some but rejected other claims in an application, or where an applicant may not have exhausted all useful ways of claiming different embodiments of the invention. Patent claims define the extent of the protection conferred by a patent, in technical terms. ... In music, an invention is a short composition with two or three part counterpoint. ... A patent clerk or patent examiner is an employee, usually a civil servant, working within a patent office and whose work is to examine patent applications as to whether they deserve a patent. ...


Divisional

This is unlike a "divisional application" (which also claims filing date priority from the parent) because a divisional application claims a distinct or independent invention based upon pertinent parts "carved out" of the parent application's specification. A divisional application need not name any inventors named in the parent. This type of application is often the result of a "restriction requirement" by an examiner, because a patent can only claim a single invention.


Continuation-in-part

Furthermore, a "continuation-in-part" application (or "CIP" or "CIP application"), claiming filing date priority from a parent application, is one in which the applicant adds matter not disclosed in the parent, but repeats some substantial portion of the parent's specification, and has at least one common inventor as named in the parent application. This is a convenient way to claim enhancements developed after the parent application was filed. An inventor is a person who creates new inventions, typically technical devices such as mechanical, electrical or software devices or methods. ...


See also

The Paris Convention for the Protection of Industrial Property, signed in Paris, France, on March 20, 1883, is an important and one of the first intellectual property treaties. ...

External links

  • U.S. Patent Office (http://www.uspto.gov/main/patents.htm)


 

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