Can amendments be made when filing a CPA?

Amendments can be made when filing a Continued Prosecution Application (CPA), but there are important restrictions and considerations:

• Any changes must be made as an amendment to the prior application as it existed before filing the CPA
• No new matter can be introduced in a CPA
• Preliminary amendments filed with a CPA are generally entered, but could be denied entry if they unduly interfere with examination
• New specifications filed with a CPA request are treated as substitute specifications and must comply with 37 CFR 1.125

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.

Regarding preliminary amendments, the MPEP advises: Applicants are also encouraged to file all preliminary amendments at the time of filing a CPA because the entry of any preliminary amendment filed after the filing date of the CPA could be denied under 37 CFR 1.115 if the preliminary amendment unduly interferes with the preparation of a first Office action.

If more time is needed to prepare amendments, applicants can request a three-month suspension of action under 37 CFR 1.103(b) at the time of filing the CPA.

For more information on amendments, visit: amendments.

For more information on continued prosecution application, visit: continued prosecution application.

For more information on CPA, visit: CPA.

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