This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.
No, the specification cannot be omitted when filing a divisional or continuation application. However, the process is simplified. According to MPEP 201.06(c):
“A new specification (including the claims) may be submitted in a divisional application filed under 37 CFR 1.53(b). In such a case, the applicant must file a copy of the prior application as filed or a new specification.”
This means that while you must include a specification, you have two options:
- Submit a copy of the prior application’s specification
- Submit a new specification tailored to the divisional or continuation application
If you choose to submit a copy of the prior application, it’s important to ensure that it properly supports the claims in the new application. Any new matter introduced in a continuation application may result in a rejection under 35 U.S.C. 112(a).
Remember, the claims are considered part of the specification, so you must include claims with your application, whether you’re using the prior specification or submitting a new one.
For more information on continuation application, visit: continuation application.
For more information on Divisional application, visit: Divisional application.
For more information on patent application requirements, visit: patent application requirements.
For more information on USPTO, visit: USPTO.