Legal Definitions - hiatus

Definition: Hiatus refers to a gap or break between the time when a parent application is no longer pending (either because it was abandoned or issued) and the time when a continuing application is filed. This gap breaks the chain of continuity, which means that later applications are not entitled to the effective filing date of the parent application.

Example: Let's say that a company files a patent application for a new invention. After a few months, they decide to abandon the application because they have made some changes to the invention. Later, they file a new patent application for the updated invention. However, because there was a gap between the time when the first application was abandoned and the second application was filed, the second application cannot claim the effective filing date of the first application. This means that the company may lose some of the benefits of the earlier filing date, such as priority over other inventors.

Explanation: This example illustrates how a hiatus can break the chain of continuity between patent applications. When a company abandons a patent application, they lose the benefits of the earlier filing date. If they file a new application later, they may not be able to claim the same priority date as the earlier application. This can have significant consequences for the company's ability to protect their invention and prevent others from copying it.