When should a patent examiner use MPEP ¶ 2.06?

Patent examiners should use MPEP ¶ 2.06 when they encounter an application that appears to qualify as a continuation-in-part (CIP) but lacks a proper benefit claim. The paragraph itself provides guidance:

This form paragraph should only be used if it appears that the application may qualify as a continuation-in-part, but no benefit claim has been properly established.

Examiners use this paragraph to notify applicants that their application might be eligible for CIP status and to direct them to the proper procedures for claiming the benefit of the prior application’s filing date if desired.

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