What is a continuing application?
A continuing application is a patent application filed after an initial, or parent, non-provisional patent application. The continuing application does not include any new subject matter relating to the invention, but instead includes new claims describing the invention. If the claims for both applications are found allowable, the inventor will have two patents issued. Because of the fee structure of the PTO, it may be desirable to split the claims for an invention between two applications to minimize the filing fee. One tactic or strategy is to file a first, non-provisional patent application with a relatively narrow set of claims, and, after the PTO has examined that application, file a second application for the other claims, which include the broader claims. Such an application would be a continuing application.
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