What is the filing date for a Continued Prosecution Application (CPA)?
What is the filing date for a Continued Prosecution Application (CPA)?
The filing date for a Continued Prosecution Application (CPA) is determined based on when it is filed. 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 a specific reference to the prior application as required by 35 U.S.C. 120.
This means that the CPA’s filing date is the day when the separate request for a CPA is submitted, not the filing date of the prior application. It’s important to note that this request must specifically reference the prior application to comply with 35 U.S.C. 120.
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Topics:
MPEP 200 - Types and Status of Application; Benefit and Priority,
Patent Law,
Patent Procedure