Legal Definitions - FWC

FWC stands for File-Wrapper Continuation.

A File-Wrapper Continuation is a type of patent application that an inventor can file while an earlier, related patent application is still pending before the patent office. The key characteristic is that the continuation application uses the exact same written description and drawings as the original, earlier application. It allows the inventor to pursue new or different claims (the specific legal definition of what the invention covers) based on that original disclosure, without having to start the entire application process from scratch. This strategy is often used to overcome rejections from the patent office, to explore different aspects of an invention, or to keep the patent examination process ongoing.

• Example 1: Overcoming Patent Office Rejections

  Imagine an inventor develops a unique drone design and files a patent application. The patent office examines the application and rejects some of the claims, stating they are too broad and might cover existing technology. Instead of appealing the rejection or trying to amend the original application, the inventor decides to file an FWC application. This new application uses the identical detailed description and drawings of the drone from the first application, but the inventor drafts a new set of narrower, more specific claims that they believe will overcome the patent office's objections. This allows them to continue pursuing patent protection for their drone based on the original disclosure.

• Example 2: Exploring Different Aspects of an Invention

  A scientist invents a novel biodegradable plastic. Their initial patent application focuses on the plastic's rapid decomposition properties. While that application is still being reviewed, the scientist realizes that the same plastic material also has exceptional strength-to-weight ratio, making it ideal for certain lightweight structural components. To pursue protection for this additional benefit without abandoning the first application, they file an FWC application. This continuation application uses the exact same scientific description and diagrams of the plastic, but the new claims specifically highlight and seek protection for its structural strength, allowing them to secure broader patent coverage for their invention.

• Example 3: Strategic Continuation of Examination

  A company invents a new type of medical implant. They file a patent application, and during the examination process, they receive an initial office action from the patent examiner. The company's legal team decides that instead of responding directly to the office action, they want to continue the examination process with a slightly different set of claims that more accurately reflect their evolving commercial strategy for the implant. They file an FWC application, which incorporates the entire original description and drawings of the medical implant, but presents these revised claims for examination. This allows them to maintain the benefit of the original filing date while continuing to negotiate the scope of their patent with the patent office.