What happens to the status of the prior application when filing a CPA?
What happens to the status of the prior application when filing a CPA?
When filing a Continued Prosecution Application (CPA), the status of the prior application changes. According to MPEP 201.06(d):
The filing of a CPA is not a filing of a new application. Rather, a CPA is a continuation of the prior application and maintains the same application number as the prior application, i.e., the application number of the prior application is used as the application number for the CPA.
This means that:
- The prior application is not abandoned
- The CPA continues the examination process of the prior application
- The same application number is retained for the CPA
It’s important to note that while the CPA continues the examination, it is treated as a new application for all other purposes under the patent statute and rules.
For more information on continued prosecution application, visit: continued prosecution application.
For more information on CPA, visit: CPA.
Topics:
MPEP 200 - Types and Status of Application; Benefit and Priority,
MPEP 201 - Types of Applications,
Patent Law,
Patent Procedure