How does a CPA affect the prior application’s status?

Filing a Continued Prosecution Application (CPA) has specific effects on the status of the prior application:

• The prior application is abandoned by operation of law upon filing of the CPA.
• Any appeal in the prior application is dismissed automatically.
• Any amendment filed with the CPA request is not entered unless it is specifically requested by the applicant.

As stated in the MPEP 201.06(d): ‘The filing of a CPA is not a filing of a new application. Rather, it is a continuation of the pending prior application.’ This means that while the prior application is technically abandoned, its substance continues in the CPA.

It’s important to note that any amendment accompanying the CPA request will be placed in the file but not entered unless the applicant specifically requests it. This allows applicants to submit potential amendments without automatically changing the application’s content.

For more information on CPA, visit: CPA.