What are the filing requirements for a continuation application?
To file a continuation application, you must meet several requirements as outlined in MPEP 201.07:
- Timing: The continuation must be filed before the patenting, abandonment, or termination of proceedings on the prior application.
- Disclosure: The continuation must not include any new matter beyond what was disclosed in the parent application.
- Claim to Benefit: A specific reference to the prior application is required, typically in the first sentence of the specification.
- Inventor: At least one inventor named in the continuation must also be named in the prior application.
- Filing Requirements: The continuation must include:
- A copy of the prior application as filed (unless already submitted via the USPTO electronic filing system)
- Amendments to the specification (if any)
- New claims (if any)
- Oath or declaration
Additionally, the continuation application must satisfy all the requirements of 35 U.S.C. 112 for the claimed subject matter.
To learn more:
Topics:
MPEP 200 - Types and Status of Application; Benefit and Priority,
Patent Law,
Patent Procedure