<\/span><\/h3>\n\n\n\nA continuation application is usually filed before the patenting, abandonment, or termination of proceedings on an earlier application. <\/p>\n\n\n\n
An applicant may have a recourse to filing a continuation application in order to introduce a new set of claims and to establish a right to further examination by the Office. For example, continuation applications are used when an applicant wants to pursue additional claims of an earlier application. <\/p>\n\n\n\n
The continuation application may be useful when the applicant feels the earlier application does not have claims for all useful embodiment of the invention. Accordingly, the continuation application allows an applicant to keep a tendency of the patent family alive to pursue new claims against competitors and future design-around products.<\/p>\n\n\n\n
Further, an applicant can file a continuation application if the examiner is ready to grant the patent application with narrow claims but has objections on granting the broader claims. In such a case, an applicant can accept a granted patent with narrow claims, and then pursue a continuation application for the broader claims. <\/p>\n\n\n\n
However, in such cases, the applicant must file the continuation application before paying the grant fee of the earlier patent. <\/p>\n\n\n\n
Accordingly, the continuation application allows an applicant to keep a tendency of the patent family alive. This, in turn, helps to pursue new claims against competitors and future design-around products.<\/p>\n\n\n\n
-Yojit Bhugra and Pankaj Garg (Patent Drafting & Prosecution) and the Editorial Team <\/p>\n\n\n\n