What is the effect of filing a Continuation application before the original is granted?

Filing a continuation application before the original application is granted allows the applicant to refine their arguments and potentially broaden the scope of their claims. This is because a continuation application is based on the original application and maintains the same priority date while offering the opportunity to introduce new claims that may be based on previously disclosed subject matter.

In the context of the patent examination process, this approach can provide a strategic advantage. The applicant can address any objections or rejections raised by the examiner in the original application, thereby refining their arguments and seeking to improve the likelihood of obtaining a patent. This makes the continuation application a powerful tool for navigating the complexities of patent law and enhancing the patentability of the invention.

The other options present scenarios that do not accurately capture the implications of filing a continuation application. For instance, there is no automatic rejection of the original application simply because a continuation is filed, nor does it freeze all claims or prohibit any future amendments. This flexibility is one of the key benefits of pursuing a continuation process in patent prosecution.