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.
No, a Continued Prosecution Application (CPA) cannot be filed as a continuation-in-part application. According to MPEP 201.06(d):
‘A continuation or divisional application (but not a continuation-in-part) may be filed under 37 CFR 1.53(d) if the prior application is a design application that is complete as defined by 37 CFR 1.51(b).’
This means that while you can file a CPA as a continuation or divisional application of a prior design application, you cannot file it as a continuation-in-part. Continuation-in-part applications typically contain new matter not present in the prior application, which is not allowed in a CPA filing.
For more information on CPA, visit: CPA.
For more information on patent application types, visit: patent application types.