What is the purpose of MPEP ¶ 2.05 Possible Status as Continuation?

MPEP ¶ 2.05 Possible Status as Continuation serves as a guideline for patent examiners when handling applications that may qualify as continuations. Its primary purpose is to:

  • Instruct examiners on how to handle applications that disclose and claim only subject matter disclosed in a prior application
  • Provide language for examiners to use when notifying applicants about the possible status of their application as a continuation
  • Ensure proper classification and processing of continuation applications

The MPEP states: “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. Accordingly, this application may constitute a continuation or division.” (MPEP ¶ 2.05)

This guidance helps maintain consistency in the examination process and ensures that applicants are properly informed about the potential status of their applications.

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

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

Topics: MPEP 200 - Types and Status of Application; Benefit and Priority, MPEP 201 - Types of Applications, Patent Law, Patent Procedure
Tags: continuation application, patent examination