Can a continuation-in-part application be filed as a continued prosecution application (CPA)?

No, a continuation-in-part (CIP) application cannot be filed as a continued prosecution application (CPA). The MPEP explicitly states: “A continuation-in-part application CANNOT be filed as a continued prosecution application (CPA) under 37 CFR 1.53(d).”

Continuation-in-part applications may only be filed under 37 CFR 1.53(b). This is an important distinction to remember when considering different types of patent application filings.

Topics: MPEP 200 - Types and Status of Application; Benefit and Priority Claims, MPEP 201 - Types of Applications, Patent Law, Patent Procedure
Tags: continuation-in-part application, continued prosecution application, CPA, patent application types, principles