Simple English definitions for legal terms
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The doctrine of continuity is a principle in international law that states that even if a country undergoes changes in its government, territory, or is occupied by another military force, it still exists as a country and cannot be extinguished. In patents, the doctrine of continuity means that a continuation or divisional patent application carries the same filing date as its parent application if they fully disclose the same invention and have at least one common inventor. A continuation-in-part application carries the same filing date for everything disclosed in the parent application, but not for new material.
The doctrine of continuity is a principle that applies to international law and patents.
In international law, the doctrine of continuity states that upheavals and revolutions within a country, changes in governmental forms, the extent of a country's territory, and measures taken during a military occupation do not affect the existence of the country. Therefore, these changes cannot lead to the extinction of the country.
In patents, the doctrine of continuity is the rule that a continuation or divisional patent application carries the effective filing date of its parent application if:
A continuation-in-part application carries the effective filing date for everything disclosed in the parent application, but not for new material.
For example, if a patent application is filed on January 1, 2020, and a continuation application is filed on January 1, 2021, the continuation application will have the same effective filing date as the parent application. This means that any prior art that was published between January 1, 2020, and January 1, 2021, will be considered when determining the patentability of the invention.
The doctrine of continuity ensures that patent applicants have the opportunity to protect their inventions even if they need to file multiple applications to fully disclose the invention.