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 applications filed on or after June 8, 1995, continuation or divisional applications filed under former 37 CFR 1.62 on or after December 1, 1997, are treated differently. The MPEP states: “A request for a continuation or divisional application filed under former 37 CFR 1.62 on or after December 1, 1997, in an application that was filed on or after June 8, 1995, will be treated as a request for continued examination (RCE) under 37 CFR 1.114.” This means such applications are now processed under the RCE procedure rather than the former File Wrapper Continuing Procedure.
For more information on continuation application, visit: continuation application.
For more information on Divisional application, visit: Divisional application.
For more information on RCE, visit: RCE.