The Patent Rules require an applicant to identify any related patent applications.  This generally comes in the form of a list of co-pending applications in the body of a patent application under the heading Cross-Reference to Related Applications.  Typically these related applications will be a continuation (a new application claiming substantially similar claims as the original application), continuation-in-part (a new application claiming matter related to the original application, but with new material) or divisional applications (a new application claiming subject matter discussed in the original, but not claimed in the original application).  These applications can also be the co-pending parent or an earlier filed application and must be identified by the serial number, filing date and preferably title.  A common way to identify whether an application is related is typically there will be one common inventor to all the applications.

In addition the patent application should be cross-referenced to any other co-pending applications closely related to the invention claimed in the application.  For example, applications cross-referenced are often inventions with different components of a common apparatus or method and each invention requires knowledge by the reader of the other inventions for sufficiency.  In this situation the inventors will typically be the same or the related applications will be assigned to a common assignee.

At Nikolai & Mersereau we can help you identify these issues and ensure your patent application satisfies the rules regarding codependency and related applications.

Jim Paige          (612) 392-7310           Jim.Paige@nm-iplaw.com