Legal Definitions - continuation-in-whole application

A continuation-in-whole application is a type of patent application that is based on the same disclosure and claims the same invention as a previously rejected parent application, but with some changes in the scope of the claims. This type of application is also known as a continuation application, continuing application, or file-wrapper continuation application.

For example, if a patent application is rejected because the claims are too broad, the applicant may file a continuation-in-whole application with narrower claims that address the examiner's concerns. The continuation-in-whole application maintains the original filing date of the parent application for prior-art and interference purposes, as long as it is filed while the parent application is still pending, has at least one inventor in common with the parent application, and refers to the parent application.

Another example of a continuation-in-whole application is when an applicant wants to pursue additional claims that were not included in the original application. By filing a continuation-in-whole application, the applicant can pursue these additional claims while still maintaining the original filing date.