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

When a parent application claims foreign priority and is subsequently abandoned, any continuation application must also claim that priority in order to retain the benefit of the earlier filing date. This requirement stems from the principles of priority in patent law, which allows the applicant to secure an earlier date of invention and establish precedence over subsequent applications.

Claiming the priority of the parent application is essential because it ensures that the continuation application has the same effective filing date as the parent application, which can be crucial in determining the applicability of prior art and in assessing the patentability of the claimed invention. If the continuation application does not claim the priority, it would be treated as having its own filing date, which may expose it to potential prior art issues that the parent application may have been able to overcome by virtue of its earlier filing date.

In summary, the necessity to claim foreign priority in the continuation application reinforces the integrity of the patent filing system and provides continuity in protection for the applicant's innovations.