Can new matter be added to a continuation application?

Can new matter be added to a continuation application?

No, new matter cannot be added to a continuation application. A continuation application must disclose and claim only subject matter disclosed in the prior application.

As stated in MPEP 201.07: “The disclosure presented in the continuation must not include any subject matter which would constitute new matter if submitted as an amendment to the parent application.” This means that all claims in a continuation application must find support in the original disclosure of the parent application.

If an applicant wishes to add new matter, they would need to file a continuation-in-part (CIP) application instead, which allows for the addition of new subject matter while still claiming the benefit of the earlier filing date for the previously disclosed material.

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

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