Zeev,

Thank you for your questions. To answer them, I will need to first explain the difference between these two types of applications.

A continuation application is a patent application that is based on an earlier-filed or parent application. A defining characteristic of a continuing application is that it contains the same disclosure as the parent application. No additional matter may be introduced into this type of application.

A continuation-in-part or CIP application is also a patent application that is based on a parent application. A CIP, however, includes additional subject matter that is not contained in the parent. Consequently, a CIP is only partly based on the parent. A defining characteristic of a CIP is that it has two priority dates. The first priority date is that of the parent for all subject matter supported by the parent. The second priority date is the date of filing of the CIP for the additional, added subject matter.

Continuations are typically used to continue prosecution when the prosecution of a parent application is not completed. They are common when some claims in an application are allowed and others are rejected. An applicant may cancel the rejected claims so that the application passes to issue and file continuation to continue prosecution of the canceled claims in a separate application.

CIPS are typically used to obtain patent protection for improvements on earlier-developed inventions that are not supported by the application as it was originally filed.

Mike Kondoudis
The Law Office of Michael E. Kondoudis, PC
DC Patent Firm