What is the filing deadline 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.

A continuation application must be filed before the patenting, abandonment, or termination of proceedings on the prior application. The MPEP 201.07 states:

“To be entitled to the benefit of the filing date of an earlier-filed application, the later-filed application must be an application for a patent for an invention which is also disclosed in the prior application (the parent or original nonprovisional application or provisional application); the disclosure of the invention in the prior application and in the later-filed application must be sufficient to comply with the requirements of 35 U.S.C. 112(a) except for the best mode requirement.”

Key points to remember:

• There is no specific time limit for filing a continuation as long as the parent application is still pending.
• The continuation must be filed before the parent application is patented, abandoned, or otherwise terminated.
• If you want to file after the parent is patented, you must file a reissue application instead.

It’s crucial to monitor the status of the parent application closely to ensure timely filing of the continuation.

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

For more information on filing deadline, visit: filing deadline.