How are continuation or divisional applications filed under former 37 CFR 1.62 treated after December 1, 1997?

For applications filed on or after June 8, 1995, continuation or divisional applications filed under former 37 CFR 1.62 on or after December 1, 1997, are treated differently. The MPEP states: “A request for a continuation or divisional application filed under former 37 CFR 1.62 on or after December 1, 1997, in an application that was filed on or after June 8, 1995, will be treated as a request for continued examination (RCE) under 37 CFR 1.114.” This means such applications are now processed under the RCE procedure rather than the former File Wrapper Continuing Procedure.

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

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

For more information on RCE, visit: RCE.

Topics: MPEP 200 - Types and Status of Application; Benefit and Priority, MPEP 201 - Types of Applications, Patent Law, Patent Procedure
Tags: continuation application, Divisional application, RCE