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Legal Definitions - continuation application

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Definition of continuation application

A continuationapplication is a type of patent application that allows an inventor to continue pursuing patent protection for an invention that was previously disclosed in an earlier application. There are two types of continuation applications:

  1. Continuation: This type of application is filed when an inventor wants to continue pursuing patent protection for an invention that was disclosed in a previous application. The continuation application is filed before the earlier application is granted or abandoned.
  2. Continuation-in-Part: This type of application is filed when an inventor wants to continue pursuing patent protection for an invention that was disclosed in a previous application, but also wants to add new material to the application. The continuation-in-part application is filed before the earlier application is granted or abandoned.

For example, let's say an inventor filed a patent application for a new type of bicycle frame. After filing the application, the inventor discovers a way to improve the frame design. The inventor can file a continuation-in-part application to add the new material to the original application and continue pursuing patent protection for the improved design.

Another example would be if an inventor filed a patent application for a new type of software program. After filing the application, the inventor discovers a new feature that could be added to the program. The inventor can file a continuation application to pursue patent protection for the original program and then file a continuation-in-part application to add the new feature.

These examples illustrate how continuation applications allow inventors to continue pursuing patent protection for their inventions, even after an initial application has been filed. This can be helpful if the inventor discovers new information or makes improvements to the invention after the initial application has been filed.

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Simple Definition

A continuationapplication is a type of patent application that is filed to continue the examination of an earlier filed patent application. There are two types of continuation applications: continuation and continuation-in-part. A continuation application is filed to continue the examination of an earlier filed patent application without adding any new matter. A continuation-in-part application is filed to continue the examination of an earlier filed patent application while adding new matter.

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