Continuing Applications, in their current form, have been part of the U.S. Patent System for a long time. Among other things, this proposed provision precludes claiming an invention in a continuing application not claimed in the parent application. Pioneering patents, such as the discovery of and elimination of viruses, would be vastly limited under this proposal. Also, the bill proposes to limit this application path under the ruse of easing the patent application backlog for examiners.
Congress is in the process of addressing the fee diversion issue so the under-funded USPTO can access additional funds to take care of problems such as this.