Sometimes it can be necessary to file a new application that is partially based on your currently pending application. This type of application is called Continuation-in-Part or CIP for short. The benefit of such application is that you can add new matter. This is a new application with a new serial number and a new filing date. Basically, once you file the CIP, the process begins all over again. Amendments that were made previously do not carry over.
When you file a CIP, the application it is a continuation of (parent application), must be pending; it cannot be issued or abandoned. Additionally, at least one inventor of the CIP should be in common with the parent application.
Why file a CIP? If you have any changes or improvements to your invention after a patent application has been filed, it is wise to file the CIP. The best thing about the CIP is that you can claim the priority date of the parent application. This is important because US is a first-to-file country.
The disadvantage of a CIP is that the patent term will be counted from the priority date. So, if you filed your parent application in 2023, and filed the CIP in 2026, the patent term will start from 2023, and the 3-year difference can be significant for some applicants. Remember that the patent term is 20 years total.
If you are hesitant about filing a CIP, you should discuss it with the attorney. If you have any questions, contact our office and will gladly assist you!