What is the legal basis for denying amendments to CPA specifications?

The legal basis for denying amendments to Continued Prosecution Application (CPA) specifications that attempt to reference prior applications stems from both federal regulations and patent law. Specifically:

• 37 CFR 1.53(d)(7): This regulation establishes that a CPA request itself serves as the specific reference required by 35 U.S.C. 120.
• 35 U.S.C. 120: This statute outlines the requirements for claiming the benefit of an earlier filing date in the United States.

According to MPEP ¶ 2.34:

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. Thus, there is no need to amend the first sentence(s) of the specification to refer back to the prior application and any such amendment shall be denied entry.

This means that the CPA filing itself legally establishes the necessary connection to the prior application, making any specification amendment both redundant and impermissible.

For more information on 35 U.S.C. 120, visit: 35 U.S.C. 120.

For more information on CPA, visit: CPA.

For more information on patent law, visit: patent law.