When pursuing U.S. patent protection, inventors and companies often seek both fast patent grant and strong, enforceable rights.  However, achieving rapid U.S. patent grant often requires compromising on the breadth of claim protection. If applicants choose to negotiate for broader claims, this time-consuming process naturally delays issuance.

Is it possible to secure quick patent grant while effectively protecting your product’s technology? Absolutely.

The saying “you can’t have your cake and eat it too” is often misused to console disappointments. In reality, it is possible to achieve both objectives through strategic use of the patent system.

One effective strategy is leveraging the U.S. continuation application process. A continuation application allows an applicant to pursue additional claims based on the original (parent) application, while retaining the priority date of the parent application. This process enables applicants to secure quick approval for narrower claims initially, and later pursue broader claims without jeopardizing the priority date.

Part 1: Understanding Continuation Applications

A continuation application is essentially an extension of a previous application.

In the U.S. patent system, as long as a patent application remains pending, the applicant can file a continuation application based on the parent application. This continuation can include new claims and retains the priority date of the parent application.

Part 2: Leveraging U.S. Continuation Applications for Strategic Advantage

In general, U.S. patent examiners tend to grant patents with narrower scopes of protection, allowing claims that include non-obvious features compared to prior art. These additional features often narrow the scope of the independent claims significantly.

If the primary goal is to obtain a patent quickly, applicants can craft a set of narrow claims to expedite the approval process and secure the patent.

What happens if the parent patent’s scope of protection is too narrow?

Once the parent application is granted, applicants can file a continuation application to broaden the scope of the claims. By generalizing the claims of the parent application and removing some of the restrictive, unnecessary features, applicants can significantly expand the scope of protection in the continuation application. This way, they secure a good protection scope as well.

Part 3: Multiple Advantages of U.S. Continuation Applications

Before a competitor’s product hits the market, it is uncertain whether the parent patent can prevent infringement effectively.

With the continuation application system, as long as the parent application remains “alive,” applicants can continually file continuation applications. This strategy allows applicants to adapt and draft continuation applications specifically targeting the competitor’s products as they enter the market, achieving precise enforcement.

We could say that from various perspectives, U.S. continuation applications prove to be highly advantageous.

Conclusion

By leveraging the advantages of U.S. continuation applications, applicants can achieve both fast patent grant and robust protection. With adequate preparation, not only can they effectively protect their products and technology, but they can also secure multiple granted patents. Why not take advantage of this opportunity?