Is it true that a continuation-in-part application must be filed before a notice of allowance is mailed?

A continuation-in-part (CIP) application allows the applicant to add new material that was not disclosed in the original application, while still claiming the benefit of the filing date of the earlier application. One crucial point regarding the timing of filing a CIP is that it must be filed before the applicant pays the issue fee. Once the issue fee is paid, the application is in the final stage of processing, and the opportunity to file a CIP based on that original application is lost.

Filing before a notice of allowance is crucial for retaining the ability to make changes or additions through a continuation-in-part, since an allowance typically signifies that the application has been found allowable or ripe for issuing as a patent. However, the critical timing aspect centers on when the issue fee is paid, not merely the receipt of a notice of allowance. Thus, to maintain eligibility to file a CIP, the application must be submitted before that issue fee payment occurs.