Can a continuation-in-part application be filed as a continued prosecution application (CPA)?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-09 10 Rules 5 Related FAQs 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. 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. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Patent Applications Cover Three Broad Types of Subject Matter MPEP 201 Permitted Inventors May Obtain Patents for New Processes, Machines, Manufactures, or Compositions of Matter MPEP 201 Permitted Patent for Distinct Plant Varieties MPEP 201 Permitted Patent Rules for Plants MPEP 201 Required Requirement for New Ornamental Design MPEP 201 Permitted Design Patents Apply Invention Rules Except Otherwise Provided MPEP 201 Required Specification and Drawings Required for Filing Date MPEP 201 Required Individuals Must Disclose Material Information for Patentability MPEP 2005 Requirement for Examiner to Obtain Reasonably Necessary Information MPEP 2005 Examiner Can Require Information Under 37 CFR 1.105 MPEP 2005 Other Related FAQs 5 FAQs Collapse What is a national application according to the USPTO? What is a provisional application for patent? What is a reissue application and when is it used? What are the special types of national applications? What is a substitute application?