MPEP § 201.06(b) — Former 37 CFR 1.62 File Wrapper Continuing Procedure (Annotated Rules)

§201.06(b) Former 37 CFR 1.62 File Wrapper Continuing Procedure

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

This page consolidates and annotates all enforceable requirements under MPEP § 201.06(b), 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.

Former 37 CFR 1.62 File Wrapper Continuing Procedure

This section addresses Former 37 CFR 1.62 File Wrapper Continuing Procedure. Primary authority: 37 CFR 1.62 and 37 CFR 1.114. Contains: 5 statements.

Key Rules

Topic

Access to Patent Application Files (MPEP 101-106)

5 rules
StatutoryInformativeAlways
[mpep-201-06-b-ec7656548a07b4e70def3fbd]
Continuation/Divisional Requests No Longer Allowed After Dec 1, 1997
Note:
Requests for continuation or divisional applications filed after December 1, 1997, are no longer permitted under the old rules and must be treated as requests for continued examination.

37 CFR 1.62 was deleted effective December 1, 1997. See 1203 O.G. 63, October 21, 1997. A request for a continuation or divisional application filed under former 37 CFR 1.62 on or after December 1, 1997, in an application that was filed on or after June 8, 1995, will be treated as a request for continued examination (RCE) under 37 CFR 1.114, see MPEP 706.07(h), paragraph IV. A request filed on or after December 1, 1997, under former 37 CFR 1.62 for a continuation-in-part (CIP) application, or for a continuation or divisional of an application having a filing date before June 8, 1995, will be treated as an improper application.

Jump to MPEP Source · 37 CFR 1.62Access to Patent Application Files (MPEP 101-106)Certified Copies of Documents
StatutoryInformativeAlways
[mpep-201-06-b-7779bca21da364e91da8197e]
Continuation/Divisional Request Treated as RCE After June 8, 1995
Note:
A request for a continuation or divisional application filed under former 37 CFR 1.62 on or after December 1, 1997, in an application with a filing date of June 8, 1995 or later, will be treated as a request for continued examination (RCE) under 37 CFR 1.114.

37 CFR 1.62 was deleted effective December 1, 1997. See 1203 O.G. 63, October 21, 1997. A request for a continuation or divisional application filed under former 37 CFR 1.62 on or after December 1, 1997, in an application that was filed on or after June 8, 1995, will be treated as a request for continued examination (RCE) under 37 CFR 1.114, see MPEP 706.07(h), paragraph IV. A request filed on or after December 1, 1997, under former 37 CFR 1.62 for a continuation-in-part (CIP) application, or for a continuation or divisional of an application having a filing date before June 8, 1995, will be treated as an improper application.

Jump to MPEP Source · 37 CFR 1.62Access to Patent Application Files (MPEP 101-106)Certified Copies of Documents
StatutoryInformativeAlways
[mpep-201-06-b-9f47c1aa4b0d3340cdea0b4f]
Continuation-In-Part Application Filed After December 1, 1997, Treated as Improper
Note:
A CIP application request filed after December 1, 1997, for an application with a filing date before June 8, 1995, will be treated as an improper application.

37 CFR 1.62 was deleted effective December 1, 1997. See 1203 O.G. 63, October 21, 1997. A request for a continuation or divisional application filed under former 37 CFR 1.62 on or after December 1, 1997, in an application that was filed on or after June 8, 1995, will be treated as a request for continued examination (RCE) under 37 CFR 1.114, see MPEP 706.07(h), paragraph IV. A request filed on or after December 1, 1997, under former 37 CFR 1.62 for a continuation-in-part (CIP) application, or for a continuation or divisional of an application having a filing date before June 8, 1995, will be treated as an improper application.

Jump to MPEP Source · 37 CFR 1.62Access to Patent Application Files (MPEP 101-106)Certified Copies of Documents
StatutoryInformativeAlways
[mpep-201-06-b-5de4abc37e350fdd05d0d973]
Continuation Applications Filed Before Dec 1, 1997 Processed Under Former 37 CFR 1.62
Note:
This rule states that continuation applications filed under former 37 CFR 1.62 before December 1, 1997 will continue to be processed and examined according to the procedures set forth in former 37 CFR 1.62.

All continuation, divisional and CIP applications filed under former 37 CFR 1.62 prior to December 1, 1997, will continue to be processed and examined under the procedures set forth in former 37 CFR 1.62. For more information pertaining to practice and procedure under former 37 CFR 1.62, see MPEP § 201.06(b) in the MPEP 8th Edition, Rev. 1 (February 2003)(available on the USPTO website at www.uspto.gov/web/offices/pac/mpep/mpep.htm).

Jump to MPEP Source · 37 CFR 1.62Access to Patent Application Files (MPEP 101-106)Certified Copies of Documents
StatutoryInformativeAlways
[mpep-201-06-b-1d48dd7552017c5b79f9cfbf]
Continuation Applications Processed Under Former 37 CFR 1.62
Note:
Continuation, divisional, and CIP applications filed before December 1, 1997, will be processed under the procedures set forth in former 37 CFR 1.62.

All continuation, divisional and CIP applications filed under former 37 CFR 1.62 prior to December 1, 1997, will continue to be processed and examined under the procedures set forth in former 37 CFR 1.62. For more information pertaining to practice and procedure under former 37 CFR 1.62, see MPEP § 201.06(b) in the MPEP 8th Edition, Rev. 1 (February 2003)(available on the USPTO website at www.uspto.gov/web/offices/pac/mpep/mpep.htm).

Jump to MPEP Source · 37 CFR 1.62Access to Patent Application Files (MPEP 101-106)Certified Copies of Documents

Citations

Primary topicCitation
Access to Patent Application Files (MPEP 101-106)37 CFR § 1.114
Access to Patent Application Files (MPEP 101-106)37 CFR § 1.62
Access to Patent Application Files (MPEP 101-106)MPEP § 201.06(b)
Access to Patent Application Files (MPEP 101-106)MPEP § 706.07(h)
Access to Patent Application Files (MPEP 101-106)MPEP § 8

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