When should an inventor consider filing a continuation application?

An inventor might consider filing a continuation application in several scenarios. The MPEP 201.07 provides guidance on 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.

Common reasons for filing a continuation include:

• To pursue broader or different claims based on the same disclosure
• To address issues raised in the prosecution of the parent application
• To keep the application pending while exploring commercial opportunities
• To submit new evidence or arguments in support of patentability

It’s important to note that the continuation must be filed before the parent application is patented, abandoned, or otherwise terminated.

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

For more information on USPTO, visit: USPTO.