What actions should an applicant take after receiving a MPEP ¶ 2.05 notification?

After receiving a MPEP ¶ 2.05 notification, an applicant should take the following actions:

1. Review the notification carefully: Understand the examiner’s assessment that the application may constitute a continuation or division.
2. Verify the information: Confirm that the prior application number and filing date mentioned in the notification are correct.
3. Assess the application’s status: Determine if the application should indeed be treated as a continuation, division, or both.
4. File appropriate documents: If the application is intended to be a continuation or division, ensure that all necessary documents, such as a reference to the prior application under 35 U.S.C. 120, 121, or 365(c), are properly filed.
5. Respond to the examiner: Provide any necessary clarifications or corrections regarding the application’s status.

The MPEP ¶ 2.05 notification states: “Should applicant desire to claim the benefit of the filing date of the prior application, attention is directed to 35 U.S.C. 120, 37 CFR 1.78, and MPEP § 211 et seq.” (MPEP ¶ 2.05)

It’s crucial to follow these steps promptly to ensure proper processing of the application and to secure any potential benefits of the earlier filing date.

For more information on applicant actions, visit: applicant actions.

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