What is the filing date of a CPA?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-09

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.

The filing date of a Continued Prosecution Application (CPA) is determined by when the request for the CPA is received by the USPTO. As stated in the MPEP, The filing date of a continued prosecution application is the date on which a request on a separate paper for an application under this paragraph is filed. This means that the CPA’s filing date is not the same as the filing date of the prior application, but rather the date when the USPTO receives the proper CPA request.

Topics: MPEP 200 - Types and Status of Application; Benefit and Priority Patent Law Patent Procedure
Tags: Disclosure Individuals, Disclosure Timing, Materiality Standard, Prima Facie Case