What should patent examiners consider when evaluating possible continuation status?

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.

Patent examiners should carefully evaluate applications that may potentially be continuations. The MPEP ¶ 2.05 provides guidance:

“This form paragraph should only be used if it appears that the application may be a continuation, but a benefit claim has not been properly established.”

Examiners should look for applications that disclose and claim only subject matter from a prior application and name at least one common inventor. If these conditions are met but a proper benefit claim is missing, examiners may use the specified form paragraph to notify the applicant of the possible continuation status and the need to establish a benefit claim if desired.