MPEP § 1828.02 — Continuation or Continuation-in-Part Indication in the Request (Annotated Rules)

§1828.02 Continuation or Continuation-in-Part Indication in the Request

USPTO MPEP version: BlueIron's Update: 2025-12-31

This page consolidates and annotates all enforceable requirements under MPEP § 1828.02, including statutory authority, regulatory rules, examiner guidance, and practice notes. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.

Continuation or Continuation-in-Part Indication in the Request

This section addresses Continuation or Continuation-in-Part Indication in the Request. Primary authority: 35 U.S.C. 365(c), 35 U.S.C. 371, and 37 CFR 1.78(d)(2). Contains: 3 requirements, 1 guidance statement, and 3 other statements.

Key Rules

Topic

Article 19 Amendment Scope

2 rules
StatutoryRequiredAlways
[mpep-1828-02-087ae614e5092bd5435aa127]
Correction of Request Indications Within 16 Months
Note:
Applicants may correct or add to their request within 16 months from the priority date, with late notices considered as received on the last day if they arrive before publication preparations are complete.

The applicant may correct or add to the request any indication referred to in PCT Rule 4.11 by a notice submitted to the International Bureau within a time limit of 16 months from the priority date, provided that any notice received by the International Bureau after the expiration of that time limit shall be considered to have been received on the last day of that time limit if the notice reaches the International Bureau before the technical preparations for international publication have been completed. See PCT Rule 26quater.1. Where any correction or addition of an indication referred to in PCT Rule 4.11 is not timely received under PCT Rule 26quater.1, the International Bureau shall notify the applicant accordingly and shall proceed as provided for in the Administrative Instructions. See PCT Rule 26quater.2.

Jump to MPEP SourceArticle 19 Amendment ScopeArticle 19 Amendment TimingPublication Language
StatutoryRequiredAlways
[mpep-1828-02-02eb82bfc710ab130e467de0]
Notification for Untimely Corrections to Request Indications
Note:
The International Bureau must notify applicants when corrections or additions to request indications referred to in PCT Rule 4.11 are not timely received under PCT Rule 26quater.1.

The applicant may correct or add to the request any indication referred to in PCT Rule 4.11 by a notice submitted to the International Bureau within a time limit of 16 months from the priority date, provided that any notice received by the International Bureau after the expiration of that time limit shall be considered to have been received on the last day of that time limit if the notice reaches the International Bureau before the technical preparations for international publication have been completed. See PCT Rule 26quater.1. Where any correction or addition of an indication referred to in PCT Rule 4.11 is not timely received under PCT Rule 26quater.1, the International Bureau shall notify the applicant accordingly and shall proceed as provided for in the Administrative Instructions. See PCT Rule 26quater.2.

Jump to MPEP SourceArticle 19 Amendment ScopeSignature RequirementsPCT Article 19 Amendments
Topic

Patent Cooperation Treaty

2 rules
StatutoryInformativeAlways
[mpep-1828-02-6e2da0b5c5af9145736808de]
Timely Correction of Request Indications
Note:
The applicant must correct or add any request indication within 16 months from the priority date, with late notices considered as due on the deadline if received before publication.

The applicant may correct or add to the request any indication referred to in PCT Rule 4.11 by a notice submitted to the International Bureau within a time limit of 16 months from the priority date, provided that any notice received by the International Bureau after the expiration of that time limit shall be considered to have been received on the last day of that time limit if the notice reaches the International Bureau before the technical preparations for international publication have been completed. See PCT Rule 26quater.1. Where any correction or addition of an indication referred to in PCT Rule 4.11 is not timely received under PCT Rule 26quater.1, the International Bureau shall notify the applicant accordingly and shall proceed as provided for in the Administrative Instructions. See PCT Rule 26quater.2.

Jump to MPEP SourcePatent Cooperation TreatyArticle 19 Amendment ScopeArticle 19 Amendment Timing
StatutoryInformativeAlways
[mpep-1828-02-8757e19f3ef620f88083887b]
Timely Correction of Request Indications
Note:
The applicant must correct or add to the request within 16 months from the priority date, otherwise it will be considered as not received if submitted after the deadline.

The applicant may correct or add to the request any indication referred to in PCT Rule 4.11 by a notice submitted to the International Bureau within a time limit of 16 months from the priority date, provided that any notice received by the International Bureau after the expiration of that time limit shall be considered to have been received on the last day of that time limit if the notice reaches the International Bureau before the technical preparations for international publication have been completed. See PCT Rule 26quater.1. Where any correction or addition of an indication referred to in PCT Rule 4.11 is not timely received under PCT Rule 26quater.1, the International Bureau shall notify the applicant accordingly and shall proceed as provided for in the Administrative Instructions. See PCT Rule 26quater.2.

Jump to MPEP SourcePatent Cooperation TreatyArticle 19 Amendment ScopeArticle 19 Amendment Timing
Topic

Benefit Claim in ADS

2 rules
StatutoryInformativeAlways
[mpep-1828-02-d2f5f236f4faeaaf89912ecd]
PCT Request Form Satisfies Benefit Claim Requirement
Note:
The inclusion of a proper reference to the parent application in the PCT Request form satisfies the requirement for presenting a benefit claim in an application data sheet.

The inclusion of a proper reference to the parent application in the PCT Request form or the presence of such reference on the front page of the published international application will satisfy the requirement in 37 CFR 1.78 for the presentation of a benefit claim in an application data sheet. See 37 CFR 1.76(g). In such cases, a reference to the parent application in an application data sheet would not be required in the national stage application. Furthermore, inclusion of a proper reference to the parent application in the PCT Request form is also beneficial where applicant chooses to file a continuing application claiming benefit under 35 U.S.C. 365(c) to the international application (i.e., a bypass application) rather than entering the U.S. national phase under 35 U.S.C. 371. See MPEP § 211.02, which indicates the right to rely on a prior application may be waived by an applicant if a reference to the prior application is not included in the later-filed application.

Jump to MPEP Source · 37 CFR 1.78Benefit Claim in ADSBenefit Claim in SpecificationContinuation Benefit Claims
StatutoryRequiredAlways
[mpep-1828-02-ac7d6560a6d2fe3546ead1fa]
Proper Reference to Parent Application in PCT Request Form Beneficial
Note:
Including a proper reference to the parent application in the PCT Request form is beneficial for filing a continuing application claiming benefit under 35 U.S.C. 365(c) to the international application.

The inclusion of a proper reference to the parent application in the PCT Request form or the presence of such reference on the front page of the published international application will satisfy the requirement in 37 CFR 1.78 for the presentation of a benefit claim in an application data sheet. See 37 CFR 1.76(g). In such cases, a reference to the parent application in an application data sheet would not be required in the national stage application. Furthermore, inclusion of a proper reference to the parent application in the PCT Request form is also beneficial where applicant chooses to file a continuing application claiming benefit under 35 U.S.C. 365(c) to the international application (i.e., a bypass application) rather than entering the U.S. national phase under 35 U.S.C. 371. See MPEP § 211.02, which indicates the right to rely on a prior application may be waived by an applicant if a reference to the prior application is not included in the later-filed application.

Jump to MPEP Source · 37 CFR 1.78Benefit Claim in ADSContinuation Benefit ClaimsNationals and Residents
Topic

Nationals and Residents

1 rules
StatutoryRecommendedAlways
[mpep-1828-02-d2ab47e356d73ab9a2726aec]
Continuation/Continuation-in-Part Requirement for International Applications
Note:
The Supplemental Box of the Request form must be used to indicate that a later-filed international application is a continuation or continuation-in-part of an earlier pending U.S. nonprovisional or international application.

The Supplemental Box of the Request form should be used where the applicant has an earlier pending United States nonprovisional application or international application designating the U.S. and wishes the later-filed international application to be treated as a continuation or continuation-in-part of such earlier application. To properly identify the parent application, the specific reference must identify the parent application by application number and indicate the relationship to the parent application (i.e., “continuation” or “continuation-in-part”). The specific reference must also indicate the filing date of the parent application if the parent application is an international application. See 37 CFR 1.78(d)(2).

Jump to MPEP Source · 37 CFR 1.78(d)(2)Nationals and ResidentsPriority Claim in PCTRequest Content and Form
Topic

Request Content and Form

1 rules
StatutoryRequiredAlways
[mpep-1828-02-4946ea07019bea460d24b735]
Specific Reference Required for Continuation or Continuation-in-Part
Note:
The request must identify the parent application by number and indicate if it is a continuation or continuation-in-part.

The Supplemental Box of the Request form should be used where the applicant has an earlier pending United States nonprovisional application or international application designating the U.S. and wishes the later-filed international application to be treated as a continuation or continuation-in-part of such earlier application. To properly identify the parent application, the specific reference must identify the parent application by application number and indicate the relationship to the parent application (i.e., “continuation” or “continuation-in-part”). The specific reference must also indicate the filing date of the parent application if the parent application is an international application. See 37 CFR 1.78(d)(2).

Jump to MPEP Source · 37 CFR 1.78(d)(2)Request Content and FormInternational Filing DateNationals and Residents
Topic

International Filing Date

1 rules
StatutoryRequiredAlways
[mpep-1828-02-803d05955897fade59b05553]
Filing Date Required for International Application
Note:
The specific reference must indicate the filing date of the parent application if it is an international application.

The Supplemental Box of the Request form should be used where the applicant has an earlier pending United States nonprovisional application or international application designating the U.S. and wishes the later-filed international application to be treated as a continuation or continuation-in-part of such earlier application. To properly identify the parent application, the specific reference must identify the parent application by application number and indicate the relationship to the parent application (i.e., “continuation” or “continuation-in-part”). The specific reference must also indicate the filing date of the parent application if the parent application is an international application. See 37 CFR 1.78(d)(2).

Jump to MPEP Source · 37 CFR 1.78(d)(2)International Filing DateRequest Content and FormPCT International Application Filing

Citations

Primary topicCitation
Benefit Claim in ADS35 U.S.C. § 365(c)
Benefit Claim in ADS35 U.S.C. § 371
Benefit Claim in ADS37 CFR § 1.76(g)
Benefit Claim in ADS37 CFR § 1.78
International Filing Date
Nationals and Residents
Request Content and Form
37 CFR § 1.78(d)(2)
Benefit Claim in ADSMPEP § 211.02
Article 19 Amendment Scope
Patent Cooperation Treaty
PCT Rule 26quater.2
Article 19 Amendment Scope
Patent Cooperation Treaty
PCT Rule 4.11

Source Text from USPTO’s MPEP

This is an exact copy of the MPEP from the USPTO. It is here for your reference to see the section in context.

BlueIron Last Updated: 2025-12-31