[Patentpractice] Can a continuation application be filed by reference?

[Scott Nielson]

Yes. I've done it a couple of times as a way to give the client more time to decide whether to file a continuing application. One thing to note is that as of a week or two ago, the ability to file by reference using the Web-ADS in Patent Center was broken. You will need to use the USPTO's PDF form for the ADS. Also, you should file an accompanying letter or something telling the USPTO that you filed by reference (point them to the applicable rule and section in the MPEP). If you don't, you risk receiving a Notice of Incomplete Non-Provisional Application - Filing Date Not Granted, which is something you don't want to have to deal with.


Scott Nielson

801-660-4400

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Subject: [Patentpractice] Can a continuation application be filed by reference?

Can a continuation application be filed by reference?

[Subject says it all]

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