What are the filing requirements for a continuation application?

To file a continuation application, you must meet several requirements as outlined in MPEP 201.07:

1. Timing: The continuation must be filed before the patenting, abandonment, or termination of proceedings on the prior application.
2. Disclosure: The continuation must not include any new matter beyond what was disclosed in the parent application.
3. Claim to Benefit: A specific reference to the prior application is required, typically in the first sentence of the specification.
4. Inventor: At least one inventor named in the continuation must also be named in the prior application.
5. Filing Requirements: The continuation must include:
   • A copy of the prior application as filed (unless already submitted via the USPTO electronic filing system)
   • Amendments to the specification (if any)
   • New claims (if any)
   • Oath or declaration

Additionally, the continuation application must satisfy all the requirements of 35 U.S.C. 112 for the claimed subject matter.

To learn more:

• continuation application
• filing requirements
• patent application process
• USPTO