What are the requirements for filing a continuation or divisional of a PCT application in the US?

To file a continuation or divisional of a PCT application designating the United States, the following requirements must be met:

• The PCT application must be pending (not abandoned) at the time of filing the continuation or divisional.
• The continuation or divisional must be filed before the patenting, abandonment, or termination of proceedings on the PCT application.
• The continuation or divisional must comply with the conditions and requirements of 35 U.S.C. 120.

The MPEP states: “The condition of 35 U.S.C. 120 relating to the time of filing requires the later application to be filed before the patenting or abandonment of or termination of proceedings on the first application.” This allows the continuation or divisional to claim the benefit of the PCT application’s filing date.

To learn more:

• PCT
• continuation
• divisional
• filing requirements
• US patent application