How are continuation-in-part (CIP) applications filed under former 37 CFR 1.62 treated after its deletion?
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.
For continuation-in-part (CIP) applications, the MPEP states: “A request filed on or after December 1, 1997, under former 37 CFR 1.62 for a continuation-in-part (CIP) application… will be treated as an improper application.”
This means that after the deletion of 37 CFR 1.62, CIP applications can no longer be filed using the former File Wrapper Continuing Procedure. Applicants seeking to file a CIP application must do so through the standard application process outlined in MPEP 201.06(d).
For more information on continuation-in-part application, visit: continuation-in-part application.