What happens if the examiner determines that a continuation or divisional application contains new matter?

If an examiner determines that a continuation or divisional application contains new matter relative to the prior application, the following steps will occur:

1. The examiner will notify the applicant in the next Office action.
2. The examiner will indicate that the application should be redesignated as a continuation-in-part (CIP).

According to MPEP 602.05: If the examiner determines that the continuation or divisional application contains new matter relative to the prior application, the examiner should so notify the applicant in the next Office action and indicate that the application should be redesignated as a continuation-in-part.

It’s important to note that:

• Continuations and divisionals should not contain new matter relative to the prior application.
• If new matter is present, the application is more appropriately designated as a continuation-in-part.
• The redesignation as a CIP may have implications for the oath or declaration requirements and the application’s effective filing date for the new subject matter.

Applicants should carefully review their applications to ensure they are correctly designated and contain appropriate oaths or declarations based on their content and relationship to the prior application.

To learn more:

• new matter
• continuation
• divisional
• continuation-in-part
• CIP
• patent examination