Can I bring the content from parent provisional application to a continuation?


Let's just say,

I filed a Provisional Application in Jan 2019.

I filed a non-provisional in Dec 2019 by claiming priority to the Provisional, properly. But I missed some content in non-provisional that are available in the Provisional.

(1) Can I bring the missed Provisional content to non-provisional by filing amendments? If yes, Is there any deadline? Is there any additional fees I have to pay in USPTO?

(2) If I file a continuation with the missed content, will that be considered as continuation or continuation-in-part (CIP)?



Posted 2020-06-13T02:35:40.837

Reputation: 343

1Besides properly claiming priority did you by ant chance also "incorporate by reference"? – George White – 2020-06-13T03:21:24.233

@GeorgeWhite Yes I did. – PrivateUser – 2020-06-13T03:23:38.790



Since the provisional was incorporated by reference, you can amend in any material from it that you like. And a continuation that only has material from the provisional + the parent will not need to be a CIP. Make sure to also properly claim the benefit of the provisional in the continuation.

George White

Posted 2020-06-13T02:35:40.837

Reputation: 21 648

Thanks Mr. White. You are very helpful.. as usual. Have a nice day :-) – PrivateUser – 2020-06-13T05:49:28.913

Can I also amend the claims to protect the content brought from the provisional? – PrivateUser – 2020-10-15T14:30:28.967

1Claims needed to be supported by the disclosure. So, yes, if the specification is expanded there may be claims that could be added or expanded. – George White – 2020-10-15T17:01:51.200