When can a continuation application be filed?

A continuation application can be filed at various stages during the patent application process, as long as the parent application is still pending. The MPEP provides guidance on the timing:

“At any time before the patenting, abandonment, or termination of proceedings on an earlier application, an applicant may have recourse to filing a continuation application under 37 CFR 1.53(b) in order to introduce into the application a new set of claims and to establish a right to further examination by the Office.”

It’s important to note that there are some exceptions for specific types of applications, such as continued prosecution applications (CPAs) for design applications, which have additional timing requirements.

To learn more:

• continuation application timing
• patent application process
• CPA
• design applications