How does a CPA affect priority claims and terminal disclaimers?

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.

Continued Prosecution Applications (CPAs) automatically carry over certain aspects from the parent application. Specifically:

• Priority claims under 35 U.S.C. 119(a)-(d) made in the parent application automatically carry over to a CPA.
• A terminal disclaimer filed in the parent application carries over to a CPA.

The MPEP explains: Priority claims under 35 U.S.C. 119(a)-(d) made in a parent application will automatically carry over to a CPA. A terminal disclaimer filed in the parent application carries over to a CPA.

This automatic carry-over occurs because the CPA retains the same application number as the parent application.

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