Patent and Invention Help Forum

CIP application, but attorney submits the parent issuance fee a day before CIP

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?

Brad

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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.

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Disclaimer: The information on this site is not legal advice and is not a substitute for an attorney or a law firm.  You should seek legal counsel for legal questions.