How does the filing date of a Continued Prosecution Application (CPA) affect its priority claim?

The filing date of a Continued Prosecution Application (CPA) has important implications for its priority claim. According to MPEP 201.06(d):

The filing date of a CPA is the date on which a request on a separate paper for an application under 37 CFR 1.53(d) is filed. A request for a CPA is not entitled to the benefit of a Certificate of Mailing or Transmission under 37 CFR 1.8.

This means that:

• The CPA’s filing date is the actual date the USPTO receives the CPA request.
• This date cannot be backdated using a Certificate of Mailing or Transmission.
• The CPA automatically receives the benefit of the filing date of the prior application.
• Any foreign priority or domestic benefit claims made in the prior application are automatically carried forward to the CPA.

It’s crucial to understand that while the CPA maintains the priority claims of the prior application, its actual filing date is the date of receipt by the USPTO, which can affect certain statutory deadlines and prior art considerations.

For more information on continued prosecution application, visit: continued prosecution application.

For more information on CPA, visit: CPA.