CONTINUITY

CONTINUITY

continuity (kon-ti-n[y]oo-[schwa]-tee).

1. Int’l law. The principle that upheavals and revolutions within a country ¡ª as well as changes in governmental forms, the extent of a country’s territory, and measures taken during a military occupation ¡ª do not affect the existence of the country and therefore cannot lead to its extinction.

2. Patents. The rule that a continuation or divisional patent application carries the effective filing date of its parent application if (1) the parent application fully discloses the same invention, (2) there is at least one common in-ventor, and (3) the parent application was still pending when the latter application was filed. ? A continua-tion-in-part application carries the effective filing date for everything disclosed in the parent application, but not for new material. 35 USCA ¡ì 120. ¡ª Also termed doctrine of continuity. Cf. HIATUS. [Cases: Patents 110. C.J.S. Patents ¡ì 156.]


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