What statement is required for transition applications under 37 CFR 1.55 and 1.78?

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.

For transition applications, 37 CFR 1.55 and 1.78 require a statement if:

• The application contains or contained a claim with an effective filing date on or after March 16, 2013
• The statement must be provided within specified time limits

The MPEP notes: “The statement provisions of 37 CFR 1.55 and 1.78 require that if the later-filed transition application contains, or contained at any time, a claim to a claimed invention that has an effective filing date on or after March 16, 2013, the applicant must provide a statement to that effect.” (MPEP 210)