What is a continuation or divisional application under 37 CFR 1.53(b)?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-09 8 Rules 5 Related FAQs 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. A continuation or divisional application is a type of continuing application filed under 37 CFR 1.53(b). According to the MPEP, An application filed under 37 CFR 1.53(b) may be an original or a reissue, a continuation, a divisional, a continuation-in-part, or a substitute. These applications are filed under 35 U.S.C. 111(a) and can be for utility, design, plant, or reissue patents. Related Rules from the Manual of Patent Examining Procedure 8 rules Collapse Individuals Must Disclose Material Information for Patentability MPEP 2005 Requirement for Examiner to Obtain Reasonably Necessary Information MPEP 2005 Examiner Can Require Information Under 37 CFR 1.105 MPEP 2005 Materiality vs Reasonable Necessity for Disclosure MPEP 2005 Permitted Information Required for Examination Not Necessarily Material to Patentability MPEP 2005 Required Examiner May Require Assignee Information MPEP 2005 Permitted Examiner Can Require Drug Product Manufacturing Details MPEP 2005 Permitted Requirement for Submission of Non-Patentability Material MPEP 2001.04 Other Related FAQs 5 FAQs Collapse What is an inventor&#8217;s certificate and how does it relate to patent priority rights? What happens if an international application designating the US is withdrawn? How does an international application designating the US affect benefit claims? Can an international application be used as a basis for priority in a U.S. national application? What happens if an international application designating the US is published in a language other than English?