Editing Continuing patent application (section)

==Current law==
Under the law in the U.S., inventors may file several different types of patent applications to cover new improvements to their inventions or to cover different aspects of their inventions. These types of patent applications include "continuation", "divisional", "continuation in part", and "reissue".

=== Continuation ===
A "continuation application" is a patent application filed by an applicant who wants to pursue additional [[claim (patent)|claim]]s to an [[invention]] disclosed in an earlier application of the applicant (the "parent" application) that has not yet been issued or abandoned. The continuation uses the same specification as the pending parent application, claims the priority based on the filing date of the parent, and must name at least one of the inventors named in the parent application. This type of application is useful when a [[patent examiner]] allowed some, but rejected other claims in an application, or where an applicant may not have exhausted all useful ways of claiming different embodiments of the invention.<ref>{{cite web|url=http://www.uspto.gov/web/offices/pac/mpep/s201.html|title=Manual of Patent Examining Procedure (MPEP) § 201.07 Continuation Application [R-07.2015] |accessdate=2017-02-23}}</ref>

During the prosecution of a continuation application, the applicant may not add additional disclosure to the specification. If the inventor needs to supplement the disclosure of the earlier parent application, he has to file a continuation-in-part application.<ref name="auto">{{cite web|url=http://www.uspto.gov/web/offices/pac/mpep/s201.html|title=Manual of Patent Examining Procedure (MPEP) § 201.08 Continuation-in-Part Application [R-07.2015]|accessdate=2017-02-23}}</ref>

===Request for continued examination (RCE) ===
In the typical case, a patent examiner will examine patent claims and amendments in an original patent application for two rounds of "office actions" before ending examination. However, often two office actions are not enough to resolve all of the issues in the patent prosecution.

A request for continued examination (RCE) is a request by an applicant for continued prosecution after the patent office has issued a "final" rejection or after prosecution "on the merits" has been closed (for example by a Notice of Allowance or by a Final Rejection). An RCE is not considered a continuing patent application - rather, prosecution of the pending application is reopened.<ref>{{cite web|url=http://www.uspto.gov/patents/law/aipa/rcefaq.jsp|title=Request for Continued Examination (RCE) Questions and Answers|publisher=USPTO|quote=.... to provide, at the request of the applicant, for continued examination of an application for a fee (request for continued examination or RCE practice), '''without requiring the applicant to file a continuing application''' ...|accessdate=5 February 2015}}</ref> The inventor pays an additional filing fee and continues to argue his case with the patent examiner. No RCE was allowed prior to June 8, 1995.<ref>37 CFR 1.114.</ref>

====QPIDS program====
Because of a large number of last-minute Requests for Continuing Examination (RCEs) due to new prior art being found, and the additional burden these RCEs impose on examination, the USPTO launched in May 2012 the Quick Path Information Disclosure Statement (QPIDS) Pilot Program.<ref>{{Cite web|url=http://www.uspto.gov/patent/initiatives/quick-path-information-disclosure-statement-qpids|title = Quick Path Information Disclosure Statement}}</ref> The program can be used to submit an [[Information Disclosure Statement]] (IDS) during the time interval after payment of the issue fee but prior to patent grant. Only if the examiner feels that the references on the IDS are material, a Request for Continuous Examination is executed and examination is reopened. Prior to QPIDS program, launching a full-scale RCE was the only option to introduce new prior art during that time interval. Filing a QPIDS request requires a payment of full RCE and IDS fees, which are refunded, if no RCE is opened. However, QPIDS petition fee is not returned.<ref>[https://www.uspto.gov/sites/default/files/documents/qpids_faq.pdf Frequently Asked Questions. QPIDS Program] uspto.gov</ref>

Ca. 2018 the QPIDS program became permanent,<ref>{{cite web | url=https://www.uspto.gov/patents/initiatives/quick-path-information-disclosure-statement-qpids | title=Quick Path Information Disclosure Statement }}</ref> even though USPTO's own study in 2014 showed very low applicants' participation rate.<ref>USPTO, RAPID RISE IN THE REQUEST FOR CONTINUED EXAMINATION BACKLOG REVEALS CHALLENGES IN TIMELY ISSUANCE OF PATENTS. FINAL REPORT NO. OIG-14-024-A at 17–18 (June 30, 2014) (showing participation rate for QPIDS at 2,480 between May 2012-November 2013 and a participation rate of 16,598 for the AFCP 2.0 program between May 2013-November 2013)</ref>

=== Divisional ===
{{See also|Divisional patent application}}
A divisional application also claims priority based on the filing date of the parent application, but differs from a continuation application in that a divisional application claims a distinct or independent invention "carved out" of the parent application. A divisional application must share at least one of the inventors named in the parent application. A divisional application is often filed after the examiner issued a "restriction requirement", because a patent can only claim a single invention (cf. [[unity of invention]]). The [[USPTO]] practice of splitting patent applications into numerous divisionals has been criticized as an abuse intended to increase the USPTO revenues at the expense of patent holders.<ref>{{Cite web|url=https://www.attorneyatlaw.com/definition/divisional-patent-application|title=Divisional Patent Application|accessdate=8 July 2023}}</ref>

=== Continuation-in-part (CIP) ===
A "continuation-in-part" application ("CIP" or "CIP application") is one in which the applicant ''adds'' subject matter not disclosed in the parent patent application, but repeats a substantial portion of the parent's specification, and shares at least one [[inventor]] with the parent application. The CIP application is a convenient way to claim enhancements developed after the parent application was filed. It is the successor to the earlier "additional improvement" patents mentioned above. For a continuation-in-part application, claims to subject matter that was also disclosed in the parent are entitled to the parent's priority date, while claims to the additional subject matter are only entitled to the filing date of the CIP application.<ref name="auto"/>

A patent of addition is available in Israel, which is generally similar to a CIP in the U.S.{{citation needed|date=September 2021}}

=== Reissue ===
If an issued patent is found to be defective, the patent owner can surrender the patent and file a reissue application to correct the defect. One such defect occurs when the issued patent claims either more or less than the coverage to which the patentee is entitled, the latter situation resulting in a "broadening reissue". Thus, an inventor can submit a reissue application with broader claims and attempt to get the full coverage to which he or she is entitled. The inventor is not, however, allowed to add new features to the disclosure. A broadening reissue application must be filed within two years from the grant date of the originally issued patent.<ref>{{Cite web|url=https://www.uspto.gov/web/offices/pac/mpep/s1401.html|title=MPEP|website=www.uspto.gov}}</ref> A reissue patent has the [[kind code]] E.<ref name="usptokindcode">[https://www.uspto.gov/learning-and-resources/support-centers/electronic-business-center/kind-codes-included-uspto-patent "Kind Codes" Included on the USPTO Patent Documents], from the [[United States Patent and Trademark Office]]</ref>