How are continuation or divisional applications filed after December 1, 1997 treated?
According to the MPEP, A continuation or divisional application filed under 37 CFR 1.60 on or after December 1, 1997, will automatically be treated as an application filed under 37 CFR 1.53(b).
This means that any continuation or divisional application filed after this date is processed under the new regulations, specifically 37 CFR 1.53(b), regardless of whether the applicant intended to file under the old 37 CFR 1.60 procedure.
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Topics:
MPEP 200 - Types and Status of Application; Benefit and Priority,
Patent Law,
Patent Procedure