How does an examiner determine if an application qualifies as a continuation under MPEP ¶ 2.05?

An examiner determines if an application qualifies as a continuation under MPEP ¶ 2.05 by assessing the following criteria:

• The application discloses only subject matter that was previously disclosed in a prior application
• The application claims only subject matter that was disclosed in the prior application
• The application names at least one inventor who was also named in the prior application

The MPEP provides specific language for this assessment: “This application discloses and claims only subject matter disclosed in prior Application No. [1], filed [2], and names an inventor or inventors named in the prior application.” (MPEP ¶ 2.05)

If all these criteria are met, the examiner may notify the applicant that the application may constitute a continuation. The examiner will then proceed with the appropriate examination procedures for continuation applications.

For more information on continuation application, visit: continuation application.

For more information on patent examination, visit: patent examination.