How should the correspondence address be handled in continuation or divisional applications?

Special attention is required when dealing with the correspondence address in continuation or divisional applications. According to MPEP 601.03(b): “Special care should be taken in continuation or divisional applications to ensure that any change of correspondence address in a prior application is reflected in the continuation or divisional application.” The MPEP further explains that when…

Read More

What is the difference between a continuation-in-part application and a regular continuation application?

A continuation-in-part (CIP) application differs from a regular continuation application in the following ways: A CIP application contains a portion or all of the disclosure of an earlier application and adds matter not disclosed in the earlier application. A regular continuation application contains the same disclosure as the earlier application without adding new matter. As…

Read More

How does the disclosure requirement differ for provisional and nonprovisional applications when claiming benefit?

The disclosure requirements for claiming the benefit of provisional and nonprovisional applications differ in some aspects: Provisional Applications (35 U.S.C. 119(e)): For a nonprovisional application to claim the benefit of a provisional application: The written description and drawings (if any) of the provisional application must adequately support and enable the subject matter claimed in the…

Read More

Can a divisional or continuation application claim benefit from multiple prior applications?

Yes, a divisional or continuation application can claim benefit from multiple prior applications. The MPEP 201.06(c) states: ‘A continuation or divisional application may be filed under 35 U.S.C. 111(a) using the procedures set forth in 37 CFR 1.53(b), by providing: (A) a copy of the prior application as filed; and (B) a new specification, claim…

Read More

What is the difference between a continuation application and a continuation-in-part (CIP) application?

A continuation application and a continuation-in-part (CIP) application are both types of patent applications that claim priority to an earlier filed application, but they differ in their content: Continuation application: Contains the same disclosure as the prior application without adding any new matter. As stated in MPEP 201.07: “A continuation application is an application for…

Read More

How does an examiner determine if an application qualifies as a continuation under MPEP ¶ 2.05?

An examiner determines if an application qualifies as a continuation under MPEP ¶ 2.05 by assessing the following criteria: The application discloses only subject matter that was previously disclosed in a prior application The application claims only subject matter that was disclosed in the prior application The application names at least one inventor who was…

Read More