What types of continuing applications are recognized in patent law?

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 law recognizes several types of continuing applications. According to the MPEP:

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.

The three main types of continuing applications are:

• Continuation: Pursues additional claims to an invention disclosed in an earlier application.
• Divisional: Separates distinct inventions from a parent application into separate applications.
• Continuation-in-part (CIP): Adds new matter to the disclosure of the earlier application.

Each type serves different purposes in patent prosecution strategy.

For more information on divisional, visit: divisional.

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