How does a CPA affect benefit claims and references to prior applications?
A Continued Prosecution Application (CPA) has specific effects on benefit claims and references to prior applications:
- The CPA request itself serves as the specific reference required by 35 U.S.C. 120
- No amendment to the specification or application data sheet is required or permitted to reference the prior application
- A CPA automatically includes a benefit claim to all applications in the chain of CPAs with the same application number
As stated in the MPEP:
A request for a CPA is the specific reference required by 35 U.S.C. 120 to every application assigned the application number identified in such request. No amendment in an application under this paragraph may delete this specific reference to any prior application.
This means that applicants cannot selectively delete benefit claims to certain applications in the CPA chain. When referencing a CPA in a later application, the reference incorporates the entire chain of applications with that application number.
Topics:
MPEP 200 - Types and Status of Application; Benefit and Priority,
MPEP 201 - Types of Applications,
Patent Law,
Patent Procedure