Welcome to the Patent Pending Made Simple Podcast. In this episode, attorneys Samar Shah and Jamie Brophy discuss an important post-allowance decision: whether to file a continuation or divisional application.
We explain:
What a continuation is and how it allows you to pursue new claim scope while keeping the original filing date.
How a divisional differs and why it often follows a restriction requirement.
Practical reasons to file (such as maintaining flexibility, adapting to market changes, or preserving leverage in licensing).
Reasons not to file, including budget constraints and when business goals are already met.
Common questions from inventors, including whether a continuation affects the strength of the original patent.
We also share a practical example of how a continuation helped a client resolve a competitor dispute without litigation, demonstrating how these filings can be useful tools in the right circumstances.
Why it matters: Once a patent issues, its claims cannot be changed. A continuation or divisional can provide additional options, but whether to file depends on your budget, goals, and competitive environment.
📩 Questions for the hosts?
Jamie: jamie@patentpending.ai
Samar: samar@patentpending.ai
⚖️ This discussion is for educational purposes only and does not constitute legal advice.
Chapter 1: Introduction & Listener Shout-Out
The hosts kick things off with a special nod to a dedicated listener and share how the podcast audience can submit questions for future episodes.
Chapter 2: Why Post-Allowance Decisions Matter
Explore what happens after a patent application is allowed and why continuation and divisional filings are critical decisions for inventors.
Chapter 3: Continuations Explained
Learn what a continuation application is, how it shares the same specification but introduces new claims, and why the priority date matters.
Chapter 4: Divisionals Explained
Understand how restriction requirements lead to divisional applications and how they differ from continuations while serving a similar purpose.
Chapter 5: Strategic Reasons to File
Discover why inventors use continuations to expand or shift claim scope, adapt to market changes, or keep options open against future competition.
Chapter 6: When Not to File
A candid discussion about budget constraints, business goals, and when it’s smarter to skip a continuation.
Chapter 7: Client Q&A
The hosts answer common inventor questions:
What happens if my continuation gets rejected?
Why is the examiner citing the same references again?
Does filing a continuation mean my first patent was weak?
Chapter 8: Real-World Examples & War Stories
From adapting claim language to competitor marketing materials to using continuations as leverage in licensing talks, hear how strategy plays out in practice.
Chapter 9: Key Takeaways
A wrap-up on the balance of budget, goals, and timing when deciding whether to file a continuation or divisional.
Chapter 10: Closing & Next Steps
Final thoughts, listener contact info, and the reminder that this discussion is educational, not legal advice.