How does a CPA differ from a continuation application?

A Continued Prosecution Application (CPA) and a continuation application are both ways to continue prosecution of a patent application, but they have key differences:

• CPA: Only available for design applications filed before May 29, 2000, and for plant applications. It continues examination of the same application.
• Continuation: Available for all types of applications and creates a new application that claims priority to the parent application.

The MPEP ¶ 2.34 highlights a crucial distinction in how they reference prior applications:

As set forth in 37 CFR 1.53(d)(7), a request for a CPA is the specific reference required by 35 U.S.C. 120 to every application assigned the application number identified in such request.

This means that for a CPA, the mere act of filing establishes the reference to the prior application. In contrast, a continuation application typically requires an explicit reference to the parent application in the specification.

For more information on continuation application, visit: continuation application.

For more information on CPA, visit: CPA.

For more information on patent application types, visit: patent application types.