Neifeld Distills the USPTO's Claim/Continuation Rule Clarification
- Applicants do not need to identify the effective filing date for claims in continuation-in-part applications examined prior to 11/1/2007.
- Applicants do need to file, by 2/1/2008, in all CIP applications, a paper identifying the effective filing date for each claim.
- In a subject application filed prior to 11/1/2007, an applicant need only identify other applications and patents having priority dates in common with the subject application.
- Applicants only need to identify applications having priority dates within 2 months of one another for priority dates that are on or after 11/1/2007.
- Applications that are divisionals, PCTs that do not enter the U.S. national phase, or U.S. national applications that are not completed (failure to pay fees or file necessary parts) do not count against the right to file "one more" application.
- Prosecution during the international phase of a PCT application does not limit the right to file division applications for inventions restricted in U.S. national phase prosecution of the PCT application.
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