1) Continued prosecution applications replace file wrapper continuation applications for non-provisional applications filed on or after June 8, 1995 or U.S. national stage of an international application filed on or after June 8, 1995. A continued prosecution application must be filed while the prior application is pending. The Patent Office will assign a new filing date to the continued prosecution application but, unlike the practice with file wrapper continuation applications, the Patent Office will not assign a new serial number to the continued prosecution application. Clients should note this change for record-keeping purposes.

2) Continued prosecution applications can be used for filing continuation or divisional applications but not for filing of a continuation-in-part application.

3) Continued prosecution applications, like file wrapper continuation applications, will use the same file as the prior application and the prior application will be abandoned in favor of the continued prosecution application.

4) The names of the inventors do not have to be identified at the time of filing a patent application. In a nonprovisional application, the inventors will be identified in the oath or declaration and in a provisional application, the inventors will be named on the cover sheet.

5) To correct inventorship in a pending application, an oath or declaration by all the actual inventors and a petition to correct inventorship must be filed. The petition must include a statement by the person(s) who are added or deleted as inventors as to a lack of deceptive intent in naming the incorrect inventors. It is no longer necessary to include with the petition a statement of facts to establish how the error without deceptive intention was discovered and how it occurred. The requirement for diligence in correcting the inventorship has also been deleted.

6) To correct inventorship in a patent, a petition must be filed and must include a statement by the person(s) added or deleted stating that the error was without deceptive intent. It is no longer necessary to include a statement of facts to establish how the error without deceptive intention was discovered and how it occurred. The petition must also include a statement by the properly named inventors stating that they agree or have no disagreement with the correction of inventorship and a statement by all of the assignees that they agree to the change of inventorship.

7) In a petition to revive an unintentionally or unavoidably abandoned application or to reinstate an expired patent for failure to pay the maintenance fee it must be established that the delay that resulted in the abandonment or expiration of the patent and the delay in filing a grantable petition was unintentional or unavoidable. A terminal disclaimer dedicating to the public a terminal part of the term of any patent granted on design applications and utility and plant applications filed before June 8, 1995 equivalent to the period of the abandonment must accompany the petition to revive.