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.
No, a continuation application cannot include new matter. As stated in MPEP 201.07:
The disclosure presented in the continuation must not include any subject matter which would constitute new matter if submitted as an amendment to the parent application.
This means that the continuation application must be based entirely on the disclosure of the prior-filed application. Any new subject matter would need to be filed as a continuation-in-part (CIP) application instead of a standard continuation application.
For more information on continuation application, visit: continuation application.
For more information on new matter, visit: new matter.
For more information on patent law, visit: patent law.