How does a CPA affect the benefit claim to earlier applications?

A Continued Prosecution Application (CPA) automatically maintains the benefit claim to earlier applications. The MPEP states:

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. That is, the CPA includes the request for an application under 37 CFR 1.53(d) and the recitation of the application number of the prior application in such request is the ‘specific reference to the earlier filed application’ required by 35 U.S.C. 120.

This means that filing a CPA automatically establishes a benefit claim to the prior application and any earlier applications in the chain, without the need for a separate statement in the specification or application data sheet. However, if the prior application claimed benefit of earlier applications, those benefit claims must still be present in the prior application.

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

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