How does a CPA affect the examination process and priority?

Filing a Continued Prosecution Application (CPA) can impact the examination process and priority. Key points include:

• CPAs are generally treated as “amended” applications for examination priority purposes
• This may result in faster first Office actions compared to new applications
• Preliminary amendments should be filed with the CPA to avoid potential denial of entry
• Information Disclosure Statements (IDS) from the prior application are automatically considered

As stated in the MPEP:

For examination priority purposes only, the USPTO will treat continuation CPAs as if they were “amended” applications (as of the CPA filing date) and not as “new” applications. This treatment is limited to CPAs in which the prior application has an Office action issued by the examiner.

Applicants can request a three-month suspension of action under 37 CFR 1.103(b) if more time is needed to prepare amendments or an IDS. Affidavits and declarations from the parent application automatically become part of the CPA.