Can the specification be omitted when filing a divisional or continuation application?

Can the specification be omitted when filing a divisional or continuation application?

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.