Can a continuation application add new matter to the original disclosure?

Can a continuation application add new matter to the original disclosure?

No, a continuation application cannot add new matter to the original disclosure. This is a fundamental characteristic of continuation applications.

According to MPEP 201.07:

‘A continuation application is an application for the invention(s) disclosed in a prior-filed copending nonprovisional application, international application designating the United States, or international design application designating the United States.’

This means that the continuation must rely entirely on the disclosure of the parent application. Any attempt to introduce new matter would result in the application being treated as a continuation-in-part (CIP) rather than a true continuation. It’s crucial for inventors and patent practitioners to understand this limitation when considering filing strategy.

For more information on continuation application, visit: continuation application.

For more information on new matter, visit: new matter.