What is a continuation patent?

A continuation patent is a patent application that is filed after an original patent application, and which builds on the original application. This type of patent is most commonly used when a patent has been denied due to technical mistakes or because the invention was significantly improved after the original patent application was filed. A continuation patent allows the inventor to apply for a patent on the improved version of the invention, without having to start from scratch. In South Carolina, a continuation patent is filed with the United States Patent and Trademark Office (USPTO). The original application must be referenced clearly in the continuation application and a patent attorney should be consulted to make sure all of the necessary information is included. The USPTO will review the continuation patent to make sure that the application is complete and consistent with the original application. Once a continuation patent is filed and accepted, the patent holder will typically be granted the same rights, privileges, and protection as the original patent. However, the rights may be limited to the improvements that have been made since the original filing. Because of this, obtaining a continuation patent can be very beneficial to inventors as it allows them to extend their patent protection.

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