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.
MPEP ¶ 2.05 Possible Status as Continuation serves as a guideline for patent examiners when handling applications that may qualify as continuations. Its primary purpose is to:
- Instruct examiners on how to handle applications that disclose and claim only subject matter disclosed in a prior application
- Provide language for examiners to use when notifying applicants about the possible status of their application as a continuation
- Ensure proper classification and processing of continuation applications
The MPEP states: “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. Accordingly, this application may constitute a continuation or division.” (MPEP ¶ 2.05)
This guidance helps maintain consistency in the examination process and ensures that applicants are properly informed about the potential status of their applications.
For more information on continuation application, visit: continuation application.
For more information on patent examination, visit: patent examination.