The Research Of Continuing Application System

Continuing application system is a special patent system of America. The research of continuing application is not only great significant for the inventors of our country, but also can deepen the knowing and understanding of the patent system for scholars and related personnel. Continuing application system includes three application: Continuation Application、Continuation In Part Application and Divisional Application. Continuing application system does not exist in our country,even there are some similar systems,such as Partial priority and Divisional application,but no matter on the application conditions to be fulfilled or the function of the effect have bringing,they have many differences compared to the continuing application of both of them.When the applicant applies for a continuing application,it must be that the original application is a non-provisional application and at the same time the original application is pending and so on, however the concepts mentioned above do not exist in our country.Actually, continuing application is an important tool for the inventor to use the patent strategy,and knowing and applying the system well can make the invention get a full range protection. In order to know and apply better about the continuing application system of the inventors and relevant scholars of our country, they should know the history and implication of the system, the prerequisites for applying continuing application, the reason, the using strategy and the effect of continuing applications, also they should know relations and similarities and differences of the other related patent system.The first chapter studies what is the continuing application system. That introduces the development history of the continuing application system, the specific definition of Continuation Application、Continuation In Part Application and Divisional Application that continuing application system contains and the similarities and differences of three of them.The second chapter studies the base of using continuing application system. That is, the prerequisites for applying continuing application and it also analyzes the reason of setting up the prerequisite and similarities and differences of the prerequisites for the three continuing applications. The content of this chapter is the basis of applying the system. The content of chapter essentially revealed the delicate "continuation" relationship between the original and continuing application.The third chapter studies why should apply the continuing application. That involves the legal effect of the continuing application. Though there are many complex conditions for applying continuing application, also most inventors love and support it. On the one hand, because it could protect the profit of inventors over a wide range.The fourth chapter studies how to use the continuing application system. That is, the strategies about applying for the continuing application. The system is an important tool on the strategy of protecting the invention. The continuing application system includes three systems, namely CA, CIP and DA. The three kinds of application are different on both conditions which they need to meet and the effect of function. It requires the inventor takes different applications according to the specific situation to protect as much as possible of his own inventions.The fifth chapter studies some patent systems associated with continuing application system. The continuing application system in America does not exist lonely, its operation need the assistance of other patent systems in America and the study of the paten systems above will help us to understand it well. The patent’ modification is not allowed to go beyond the range, part of the priority and the Divisional Application in China are similar to the content of continuing application system in American. It will not only deepen the understanding of the continuing application system, but also find the shortcomings our country’s patent system through comparing the continuing application system with the three patent system in our country.It is meaningful that studying the continuing application system which could improve the patent system of our country and for applying American patent. It is worth to refer to the continuing application system that it gives inventors all-around protection, pays much attention to the instructions and attaches importance to the patent’s "continuation".