Patents > Search Colections > MPEP > 1817.02 Continuation or Continuation-in-Part Indication in the Request [R-3] - 1800 Patent Cooperation Treaty

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1817.02 Continuation or Continuation-in-Part Indication in the Request [R-3] - 1800 Patent Cooperation Treaty

1817.02 Continuation or Continuation-in-Part Indication in the Request [R-3]

PCT RULE 4
The Request (Contents)

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PCT RULE 4.11.
Reference to Earlier Search, Continuation or Continuation-in-Part, or Parent Application or Grant

(a) If:

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(iv) the applicant intends to make an indication under Rule 49bis.1(d) of the wish that the international application be treated, in any designated State, as an application for a continuation or a continuation-in-part of an earlier application; the request shall so indicate and shall, as the case may be, identify the application in respect of which the earlier search was made or otherwise identify the search, or indicate the relevant parent application or parent patent or other parent grant.

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The Supplemental Box of the request form should be used where the applicant has an earlier pending United States nonprovisional application or international application designating the U.S. and wishes the later filed international application to be treated as a continuation or continuation-in-part of such earlier application. To properly identify the parent application, the specific reference must identify the parent application by application number and indicate the relationship to the parent application (i.e., "continuation" or "continuation-in-part"). The specific reference must also indicate the filing date of the parent application if the parent application is an international application. See 37 CFR 1.78(a).

Identification of the parent application in the request does not relieve applicants from having to perfect the benefit claim upon entry into the U.S. national stage by including a proper claim in an application data sheet or in the first sentence>(s)< of the specification (see 37 CFR 1.78(a)(2)). However, inclusion of a proper reference to the parent application in the international phase does provide certain benefits to applicants, e.g., where applicant chooses to file a continuing application claiming benefit under 35 U.S.C. 365(c) to the international application (i.e., a bypass application) rather than entering the U.S. national phase under 35 U.S.C. 371.

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