Can amendments be filed with a CPA request?

While amendments can be filed with a Continued Prosecution Application (CPA) request, there are important considerations and limitations. The MPEP states:

“Any new change must be made in the form of an amendment to the prior application as it existed prior to the filing of an application under this paragraph. No amendment in an application under this paragraph (a continued prosecution application) may introduce new matter or matter that would have been new matter in the prior application.”

Additionally:

• Preliminary amendments filed with a CPA are generally entered
• Applicants are encouraged to file any amendments at the time of filing the CPA to avoid potential delays
• Any new matter introduced will be required to be canceled
• Claims relying on new matter may be rejected under 35 U.S.C. 112(a)

The MPEP advises: “Applicants are strongly encouraged to file any preliminary amendment in a CPA at the time the CPA is filed. See 37 CFR 1.115 and MPEP § 714.03(a).”

For more information on continuation application, visit: continuation application.

For more information on design patent, visit: design patent.

For more information on new matter, visit: new matter.