Page 2 Flashcards
איזה סוגי בקשות המשך יש בארצות הברית?
Continuation applications, as they are known in the US, are akin to divisional applications elsewhere in the world. As in divisionals elsewhere in the world, these types of applications must be filed before issue/publication of the parent.
1) continuations: continuations allow for an applicant to pursue additional claims with the same specification. This application has the same effective filing date and benefits from the same priority claim as the parent. At least one of the inventors named in the parent must be on the continuation application.
2) continuation-in-part: such applications are used when new subject matter is to be added to the publication. As such, the subject matter of the previous application benefits from the priority of the parent and the new subject matter has the date of the filing of the CIP. Similar to the “patent of addition” in israel, the difference being 1) a patent of addition can be filed any time during the lifetime of the parent 2) claims in a patent of addition must be at least novel in view of the parent, this is not the case for CIPs.
3) divisionals: these are “carved out” of the parent, usually in the context of a “restriction requirement”, i.e., claims that appeared in the claim set of the parent.
