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can a PCT patent be used as CIP in USA?

can a PCT patent be used as CIP in USA?
« on: December 10, 2018, 10:06:12 AM »
I filed a patent with a claim X in January. Then I filed a CIP with a new claim Y in February, can I file a PCT with another new claim Z in March? That is can the PCT be used as CIP in USA?

« Last Edit: December 10, 2018, 11:38:09 AM by Brad »


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Re: can a PCT patent be used as CIP in USA?
« Reply #1 on: December 10, 2018, 11:42:41 AM »
You can file a PCT as long as its within 1-year of the first application but you have to be a little careful here as you can only claim priority one-level deep per invention for PCT and non-US cases.

So your PCT may have two priority claims:
-priority claim 1 goes to the January application and invention X
-priority claim 2 goes to the February application and invention Y

Only claiming priority to the February CIP may be problematic so I would suggest filing your PCT before January and making sure to include both priority claims.

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