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.
For applications filed on or after September 16, 2012, the specific reference to the prior application must be included in an application data sheet (ADS) in compliance with 37 CFR 1.76. For applications filed before September 16, 2012, the reference should be in an ADS and/or in the first sentence(s) of the specification following the title.
The reference must include:
- The prior application number
- The filing date
- The relationship between the applications (continuation, divisional, or continuation-in-part) for nonprovisional applications
For example: “This application is a continuation of Application No. 12/345,678, filed January 1, 2010.”
For provisional applications, only the application number and filing date are required. The relationship should not be specified.