What is the impact of filing a Continued Prosecution Application (CPA) on abandonment?
Filing a Continued Prosecution Application (CPA) under 37 CFR 1.53(d) is considered a special situation involving abandonment. According to MPEP 711.02(b):
Where a continued prosecution application (CPA) under 37 CFR 1.53(d) is filed.
The MPEP directs readers to §§ 201.06(d) and 711.01 for more information on this topic. Generally, filing a CPA results in the abandonment of the prior application as of the filing date of the CPA. It’s important for applicants to understand that while the CPA continues examination, it technically creates a new application, and the previous one is considered abandoned.
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