Continuation

Cross-referenced

Continuation-in-part (CIP)

A type of continuation that adds new subject matter to the original specification. The original claims keep the parent's priority date; the new material gets a new priority date. CIPs are commonly used when an inventor has improved or expanded an invention after the original filing. The different priority dates within a CIP can create complications during litigation.

Cross-referenced

Patent

A government-granted right that gives an inventor the exclusive right to prevent others from making, using, selling, or importing a patented invention within the country that granted the patent, for a limited time. A patent does not give the owner the right to practice the invention — only the right to exclude others. The US issues three types: utility, design, and plant patents.

Cross-referenced

Specification

The written description portion of a patent application — everything except the claims. The specification must describe the invention in enough detail that someone skilled in the field could make and use it. It typically includes background of the invention, a summary, a description of the drawings, and a detailed description of at least one embodiment. Courts use the specification to interpret what claim terms mean.

Cross-referenced

Written description

A requirement under 35 USC § 112 that an inventor must demonstrate, through the specification, that they actually possessed the claimed invention at the time of filing — not just that they had a vague idea. Written description is separate from enablement: enablement asks whether the reader can make the invention; written description asks whether the inventor had already conceived it. Failing the written description requirement is common when inventors try to add new matter to a continuation.

Claim differentiation

A canon of claim construction: different claims are presumed to have different scope, so a limitation spelled out in a dependent claim is presumed to be absent from the broader independent claim it depends on. It is used to argue an independent claim should be read broadly.

Conception

The mental part of invention: forming a definite and permanent idea of the complete invention in enough detail that a skilled person could build it. Conception, paired with reduction to practice, determines who legally counts as an inventor.