If a parent application with foreign priority is abandoned, does a continuation application also need to claim that priority?

A continuation application is a type of application that is filed to continue the prosecution of a parent application and retains the benefit of the filing date of the original application. When a parent application has foreign priority, this priority can usually be claimed in the continuation application to maintain consistency and validity in terms of the effective date of the claimed inventions.

If the parent application is abandoned, this does not negate the ability of the continuation application to claim the foreign priority; the priority claim can still exist independently of the parent's prosecution status. By claiming the priority, the continuation application can benefit from the earlier filing date, which may be crucial for overcoming potential prior art and establishing the novelty of the inventions being claimed.

While it is possible in some instances to file a continuation without the priority claim, it is generally advisable to maintain these claims to safeguard any rights established by the earlier filing, particularly when foreign priority dates are crucial to the claim's novelty. Therefore, the need to claim the priority in the continuation application is fundamental, which makes it appropriate to affirm the necessity of this element when the parent application has foreign priority.