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400 | PATENT IT YOURSELF Inventor’s Commandment 29 Acquire at least some familiarity with all types of supplemental applications (continuations, RCEs, divisions, continuations-in-part, reissues, and substitutes) if you have a patent application pending, and be aware of the double-patenting trap and the shortening of your monopoly period before filing any such extension application. A. Available Supplemental Cases As we saw in Chapter 13 (application prosecution), the patent laws and PTO rules allow you to do much more than either get a patent or abandon your patent application. In this sense, perhaps, a patent application can best be understood by comparing it to a family tree, as shown in Fig. 14A, which shows all of the different extensions you may file. The Basic Application is like a parent, and just as a parent has children, the parent application can be used to produce offshoots. Depending upon the situation, the parent application is called by many names (for example, “parent,” “prior,” “basic,” or “original” application), while the offshoot applications are referred to as “daughter,” “continuation,” “divisional,” “reissue,” “independent,” or “substitute” applications. If there are several successive supplements, the Basic Application is called the “grandparent” or “greatgrandparent” application and the latest-filed application can be called a “granddaughter,” “great-granddaughter,” “continuation-of-a-continuation,” etc., application. Note that some extensions come from the bottom point of the Basic Application (BA) or the basic patent. These are “sequential” supplements or extensions since they replace the BA or its patent. Other supplements come from the sides of the BA; these are “parallel” supplements or extensions since they can exist in addition to the BA or its patent. The various extensions, starting from the upper left and proceeding down, then the middle and down, etc., are as follows: • Division or Divisional Application: Suppose your examiner held that your BA covered two or more inventions, and required you to “restrict” it to one of these inventions. To cover the other, “nonelected” invention you’ll have to file a separate application on it. You do this by filing a divisional application. Your divisional application gets the benefit of the filing date of your BA, but also expires 20 years from your BA’s filing date. Your divisional patent can be in addition to your original patent. • Continuation Application: Suppose your examiner sends you a final Office Action (OA), and you want to get another round with the examiner on the same claims, or to try a new and different set of claims. You can do this by filing a new application that “continues” your original application. The continuation application gets the benefit of the filing date of your original application but also expires 20 years from your BA’s filing date. A continuation patent can be in addition to your original patent, but it must claim a different invention to avoid double patenting. • Request for Continuing Examination (RCE): Moving down the middle column of the chart, you will see the RCE box. An RCE is similar to and is actually a type of a continuation application. <strong>It</strong> enables you to purchase another round with the examiner in the same application. Note from the chart that the RCE is like a detour or second chance on the path to a patent. The RCE replaces the BA. • Reissue: If you’ve received an original patent, but you want to revise the claims of the patent or correct significant errors in the specification for some valid reason, you should file a reissue application. As indicated, your reissue patent takes the place of your original patent. • Continuation-In-Part (CIP): Moving up to the top of the right column, if you’ve improved or changed your basic invention in some material way during the pendency of your application, and you want to obtain specific claims to the improvement, you should file a continuation-in-part (CIP) application. As indicated, your CIP patent can exist with your original patent, or your CIP application can replace your BA. The above four types of applications (Division, Continuation (including RCE), Reissue, and CIP) are called continuing or extension applications because they extend or continue from (have continuity with) the parent application. The following two types of supplements have no continuity with the parent or original application. • Substitute: Suppose you abandon your application and later refile a new application on the same invention. The new application, as indicated by the broken line, has no copendency or continuity with the original application. <strong>It</strong> is called a substitute application. Of course, no patent on your original application is possible.
Fig. 14A—Available Supplement Cases ChaPter 14 | Your APPLICATION can HAVE CHILDREN | 401
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N O LO ® “The best roll-up-your-
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Products & Services Books & Softwar
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15th edition Patent It Yourself You
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Acknowledgments My deep thanks go t
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2 3 4 The Science and Magic of Inve
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8 9 E. Make and Sell Your Invention
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13 14 J. The Patent Laws of Other C
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Your Legal Companion A. You Don’t
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Your Legal COMPANION | 3 D. Should
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C H A P T E R 7 What Should I Do Ne
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A p p e n d i x 4 Fee Schedule CAUT
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Appendix 4 | Fee SCHEDULE | 475 37
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482 | Patent it YOURSELF A. Patent
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A p p e n d i x 6 Quick-Reference T
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A P P E N D I X 7 Tear-Out Forms No
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Nondisclosure Agreement 1. Parties.
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Invention Disclosure Sheet of Inven
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Form 3-4: Application Data Sheet—
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Form 3-4: Application Data Sheet—
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Positive and Negative Factors Evalu
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Consultant’s Work Agreement 1. Pa
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Searcher’s Worksheet Sheet of Inv
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Form 10-1A: Declaration for Utility
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Form 10-1A: Declaration for Utility
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Form 10-2: Utility Patent Applicati
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Form 10-4: Credit Card Payment Form
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In the United States Patent and Tra
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Form 10-6B: Information Disclosure
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Design Patent Application—Preambl
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Joint Applicants—Statement of Res
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they may do so with the written con
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Form 16-4: Recordation Form Cover S
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Universal License Agreement 1. Part
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whether or not any royalty payment
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A p p e n d i x 8 Forms Available a
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Index A “A,” correct use of, 20
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INDex | 577 Biotechnology patents e
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INDex | 583 including all possible,
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About the Author David Pressman is
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