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A patent application that I wrote issued as a patent in August 2013. I have not claimed a few features that were disclosed in the specification.

Is it possible to file a continuation / divisional patent application to claim the features that were left out?

What are my other options?

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2 Answers

To be a divisional or a continuation an application has to have overlapping pendency with the "parent" application. Pendency ends the day of issue so, unless you filed something while it was pending, there is no way to file a divisional or continuation. It might still be possible to re-file a new application and claim the subject matter that was left unclaimed. Your previous application can be used against a new application starting one year from its publication. If the first time the information in the old application saw the light of day was the day of issue then you have until August.

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You might want to consider pursuing a reissue application. See MPEP Chapter 1400 ==> http://www.uspto.gov/web/offices/pac/mpep/mpep-1400.html.

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