How does a CPA affect patent term and prior art dates?

Filing a Continued Prosecution Application (CPA) can have important implications for both patent term and prior art dates:

Patent Term:

• A CPA is a continuation of the prior application, so it does not get a new 15-year term from filing
• The 15-year term for a design patent issuing from a CPA is measured from the filing date of the earliest application in the chain that is subject to the 15-year term

Prior Art Dates:

• The effective filing date of a CPA for prior art purposes is generally the actual filing date of the CPA
• However, the CPA can claim the benefit of the prior application’s filing date for subject matter disclosed in the prior application

The MPEP notes: “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.” (37 CFR 1.53(d)(7))

This means the CPA is automatically considered a continuation for benefit claim purposes, which can affect both term and prior art dates.

For more information on benefit claims, visit: benefit claims.

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

For more information on prior art, visit: prior art.