1. The right to priority
1.4 Subsequent application considered as first application
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A revised version of this publication entered into force. |
See ISPE Guidelines 6.04.
Examples of applications that cannot be recognised as a "first application" are:
(i)US applications which are a "continuation" of a previous application ("con");
(ii)US applications which are a "continuation in part" of a previous application ("cip"), in so far as the subject-matter in question was already disclosed in the original US application;
(iii)national applications claiming priority from a previous national application or national utility model.
In the case of US con or cip applications, the first sentence of the description reads as follows: "This application is a continuation in part (continuation) of Serial Number .... filed .....". The following information is found on the title page under the heading "CONTINUING DATA******": "VERIFIED THIS APPLICATION IS A CIP (or CON) OF ........" A form headed "Declaration for Patent Application" must also be attached to the end of the application (in this case the priority document), listing earlier foreign or US applications under the heading "foreign priority benefits under Title 35, United States Code, 119" or "benefit under Title 35, U.S.C., 120 of any United States application(s)".