Patent and Invention Help Forum

Patent and Inventing Discussion => Patent Questions and Advice => Topic started by: Mariem on June 01, 2021, 12:45:29 PM

Title: Continuation applications
Post by: Mariem on June 01, 2021, 12:45:29 PM
Do patent continuation applications and continuation in part applications replace the earlier application?

Meaning that if there was an "earlier application" that was filed in 2010 and then there was a continuation application of it in 2013 and then in 2015, do we only take the 2015 version into consideration, or do we take into consideration the 3 versions (and then only one of them would be granted)?

(Take into consideration= study it to avoid claim infringement)

Thank you!

Title: Re: Continuation applications
Post by: Brad on June 01, 2021, 02:33:04 PM
Each continuation could be its own separate patent with a separate patent number so I would first look at each one to see if it is truly a valid and issued patent and then if so look at each claim from each of the different continuations plus the original.

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