Can a continuation-in-part application be filed as a continued prosecution application (CPA)?
No, a continuation-in-part (CIP) application cannot be filed as a continued prosecution application (CPA). The MPEP explicitly states: “A continuation-in-part application CANNOT be filed as a continued prosecution application (CPA) under 37 CFR 1.53(d).”
Continuation-in-part applications may only be filed under 37 CFR 1.53(b). This is an important distinction to remember when considering different types of patent application filings.
Topics:
MPEP 200 - Types and Status of Application; Benefit and Priority Claims,
MPEP 201 - Types of Applications,
Patent Law,
Patent Procedure