Can I amend the specification of a CPA to reference the prior application?
No, you cannot amend the specification of a Continued Prosecution Application (CPA) to reference the prior application. The USPTO explicitly states that such amendments are not necessary and will not be entered.
As per MPEP ¶ 2.34: “Thus, there is no need to amend the first sentence(s) of the specification to refer back to the prior application and any such amendment shall be denied entry.”
This policy simplifies the process and ensures consistency across CPA filings.
Topics:
MPEP 200 - Types and Status of Application; Benefit and Priority,
MPEP 201 - Types of Applications,
Patent Law,
Patent Procedure