How does a CPA affect benefit claims under 35 U.S.C. 120?

A Continued Prosecution Application (CPA) automatically maintains the benefit claim to the prior application under 35 U.S.C. 120 without requiring a separate statement. Key points include:

• 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 needed to maintain the benefit claim
• The benefit claim extends to all applications in a chain of CPAs

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 further amendment to the specification of the CPA nor a reference in the CPA’s application data sheet is required by 35 U.S.C. 120 or 37 CFR 1.78(d) to identify or reference the prior application, as well as any other application assigned the application number of the prior application (e.g., in instances in which a CPA is the last in a chain of CPAs).

For more information on 35 U.S.C. 120, visit: 35 U.S.C. 120.

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