How does a CPA reference the prior application?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-09 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. A Continued Prosecution Application (CPA) automatically references the prior application without requiring any specific amendment to the specification. 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.” This means that the act of filing a CPA itself serves as the reference to the prior application, eliminating the need for any additional amendments or references in the specification. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Patent Applications Cover Three Broad Types of Subject Matter MPEP 201 Permitted Specification and Drawings Required for Filing Date MPEP 201 Required Inventors May Obtain Patents for New Processes, Machines, Manufactures, or Compositions of Matter MPEP 201 Permitted Patent for Distinct Plant Varieties MPEP 201 Permitted Patent Rules for Plants MPEP 201 Required Requirement for New Ornamental Design MPEP 201 Permitted Design Patents Apply Invention Rules Except Otherwise Provided MPEP 201 Required Individuals Must Disclose Material Information for Patentability MPEP 2005 Requirement for Examiner to Obtain Reasonably Necessary Information MPEP 2005 Examiner Can Require Information Under 37 CFR 1.105 MPEP 2005 Other Related FAQs 5 FAQs Collapse What is a continuation-in-part (CIP) application? How do continuation, divisional, and continuation-in-part applications differ? How does claiming benefit of an earlier filing date work for continuing applications? What are the filing requirements for a continuation-in-part (CIP) application? What is a reissue application in patent l...