How does the USPTO handle the classification of continuation and divisional applications?
The USPTO’s automated routing system takes into account the status of applications as continuations or divisionals when assigning them to examiners. According to MPEP 909.01(b):
“Additional factors, such as […] the application’s status as a continuation or divisional application are weighted by the automated system prior to assignment of the application.”
This consideration is important because:
- Continuation and divisional applications are related to a parent application
- They often cover similar subject matter to the parent application
- Assigning them to the same examiner or art unit as the parent can improve efficiency and consistency in examination
While these applications still undergo classification, their status as continuations or divisionals is factored into the routing decision to ensure appropriate handling and examination.
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