What is a ‘continuing application’ in patent law?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-09
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.
A continuing application in patent law is a type of patent application that is related to an earlier-filed application. The MPEP defines it as follows:
A continuing application is a continuation, divisional, or continuation-in-part application filed under the conditions specified in 35 U.S.C. 120, 121, 365(c), or 386(c) and 37 CFR 1.78.
There are three main types of continuing applications:
- Continuation: An application that further pursues the same invention as the original application
- Divisional: An application that pursues a distinct invention that was disclosed but not claimed in the original application
- Continuation-in-part (CIP): An application that includes subject matter from the original application plus new matter
Continuing applications must meet specific legal requirements to claim the benefit of the earlier application’s filing date.
Topics:
MPEP 200 - Types and Status of Application; Benefit and Priority
Patent Law
Patent Procedure