When you have to document an improvement to an invention disclosed in a previously filed application, you can either file a new application, a continuation application, a continuation-in-part (CIP) application or a divisional patent application. While CIP applications are generally available in the U.S., a divisional application (available in Europe and China) or patent of addition application (present in India, Australia and New Zealand) are similar to CIP applications. This blog post discusses the pros and cons of the US specific CIP application.
A CIP application is filed after the original (parent) application and captures new innovations done around the parent application. The CIP will have the same priority date as that of the parent application. However, any claim in the CIP that reveals new subject matter will have a new priority date. Filing a CIP by claiming alternative embodiments of the invention helps you protect it better, thereby benefiting your IP strategy as a whole.
A CIP application must be filed before the patenting, abandonment, or termination of proceedings for the parent application. The best time to file a CIP application is before you publicly disclose the parent application.
Use PatSeer’s Search Within Records option to search only for continuation-in-part (CIP), continuation (CON), or divisional (DIV) patent applications. Check the patent landscape using the “TTYP” search field code in PatSeer to look at the latest developments in competitors’ patents, for example, whether a competitor has claimed new subject matter in a patent.
The intellectual property sector offers several opportunities for inventors to update any improvements to their inventions. However, you should make an informed decision about whether or not to choose a CIP application for updating the latest enhancements to an existing application. It is always advisable to consult with patent agents or attorneys to decide which strategy to adopt.
In the U.S., a continuation-in-part (CIP) patent application safeguards advancements to an invention previously filed. Essential for protecting improvements, it’s important to evaluate if a CIP is suitable for your specific intellectual property strategy.
