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.
Continuity in patent applications refers to the relationship of copendency of the same subject matter in two different applications naming the same inventor or at least one joint inventor in common. The MPEP 211.01(b) states:
“The term ‘continuity’ is used to express the relationship of copendency of the same subject matter in two different applications naming the same inventor or at least one joint inventor in common.”
Continuing applications include:
- Divisional applications
- Continuation applications
- Continuation-in-part applications
It’s important to note that the prior application may disclose more than the later-filed application, or vice versa. In either case, the later-filed application is entitled to the benefit of the filing date of the prior application for the common subject matter disclosed in compliance with 35 U.S.C. 112(a).