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.
Filing a Continued Prosecution Application (CPA) can affect patent term because it results in a new filing date. While the CPA retains the benefit of the earlier filing date for prior art purposes, the actual filing date of the CPA is used for calculating patent term. The MPEP notes: Applicants will not be permitted to delete such a benefit claim as to certain applications assigned that application number (e.g., for patent term purposes).
This means that the patent term for a CPA will generally be shorter than if the original application had been allowed, as the term is calculated from the CPA filing date, not the original application’s filing date.