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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 the ...
In the United States, a divisional application is defined as a specific type of continuing patent application. [7] A later application for an independent or distinct invention, carved out of an earlier-filed patent application and disclosing and claiming only subject matter disclosed in the earlier or parent application, is known as a ...
The original patent term under the 1790 Patent Act was decided individually for each patent, but "not exceeding fourteen years". The 1836 Patent Act (5 Stat. 117, 119, 5) provided (in addition to the fourteen-year term) an extension "for the term of seven years from and after the expiration of the first term" in certain circumstances, when the inventor hasn't got "a reasonable remuneration for ...
An application may be examined and accepted, but the double patenting provision will prevent a patent being granted on a second application unless and until the objection is removed by amendment of the offending claim or claims or surrender of the granted patent in favor of the second application.
A divisional application, sometimes called European divisional application, is a new patent application which is separate and independent from the earlier application, unless specific provisions in the European Patent Convention (EPC) require something different. [1]
A continuing patent application is a patent application that follows, and claims priority to, an earlier-filed patent application. According to United States patent law, a continuing application is a continuation, divisional, or continuation-in-part application filed under the conditions specified in 35 U.S.C. §§ 120, 121, 365(c), or 386(c ...
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