What are the filing requirements for a continuation application?

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.

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.