Patent and Invention Help Forum

Patent and Inventing Discussion => Patent Questions and Advice => Topic started by: newpatenter on February 06, 2019, 04:09:37 PM

Title: CIP application, but attorney submits the parent issuance fee a day before CIP
Post by: newpatenter on February 06, 2019, 04:09:37 PM
We have a patent handled by an attorney firm.  The Issuance Fee's due date is today. Our new CIP application for that patent is also handled by the same attorney firm.

We was told the CIP should be submitted before the submission of the parent patent Issuance Fee. But we are notified, from the attorney firm, that the Issuance Fee was submitted yesterday already and the CIP is not submitted yet and will be submitted today.

My questions are the followings:

Q1:

does the new CIP application is still a real CIP?

Q2:

What are the differences for the CIP patent application if we submit it BEFORE we pay the parent Issuance Fee and if we submit it AFTER we pay the parent Issuance Fee?
Title: Re: CIP application, but attorney submits the parent issuance fee a day before CIP
Post by: Brad on February 07, 2019, 09:39:22 AM
It should all be fine.

The firms like to "docket" the filing of the CIP to be done before the payment of this issue fee in order to play it safe.  In reality you can file your CIP up to the date your older patent actually issues which can often take 5-6 weeks after payment of this issue fee.

I don't think your firm did anything wrong other then maybe not communicating clearly about what they are doing and why.