How does an examiner determine if an application qualifies as a continuation under MPEP ¶ 2.05?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

An examiner determines if an application qualifies as a continuation under MPEP ¶ 2.05 by assessing the following criteria:

• The application discloses only subject matter that was previously disclosed in a prior application
• The application claims only subject matter that was disclosed in the prior application
• The application names at least one inventor who was also named in the prior application

The MPEP provides specific language for this assessment: “This application discloses and claims only subject matter disclosed in prior Application No. [1], filed [2], and names an inventor or inventors named in the prior application.” (MPEP ¶ 2.05)

If all these criteria are met, the examiner may notify the applicant that the application may constitute a continuation. The examiner will then proceed with the appropriate examination procedures for continuation applications.

For more information on continuation application, visit: continuation application.

For more information on patent examination, visit: patent examination.