How are references handled in continuation applications?

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.

In continuation applications, the handling of references is crucial, especially when significant prior art is on record in the parent case. MPEP 1302.12 provides guidance on this matter:

In the rare instance where no art is cited in a continuation application, all the references cited during the prosecution of the parent application will be listed at allowance for printing in the patent.

This practice ensures that important prior art from the parent application is not overlooked in the continuation. Examiners are instructed to:

• List pertinent art from the parent case if no new art is cited in the continuation
• Include all relevant references from the parent application’s prosecution history
• Ensure these references are printed in the patent of the continuation application

For more details on citation of prior art in continuation applications, refer to MPEP § 707.05 and MPEP § 707.05(a).