Can a CPA be filed as a continuation-in-part application?

Can a CPA be filed as a continuation-in-part application?

No, a Continued Prosecution Application (CPA) cannot be filed as a continuation-in-part application. According to MPEP 201.06(d):

‘A continuation or divisional application (but not a continuation-in-part) may be filed under 37 CFR 1.53(d) if the prior application is a design application that is complete as defined by 37 CFR 1.51(b).’

This means that while you can file a CPA as a continuation or divisional application of a prior design application, you cannot file it as a continuation-in-part. Continuation-in-part applications typically contain new matter not present in the prior application, which is not allowed in a CPA filing.

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