How does a CPA affect the priority claim to the parent application?

A Continued Prosecution Application (CPA) automatically maintains the priority claim to its parent application without requiring a separate reference. The CPA itself serves as the specific reference required under 35 U.S.C. 120.

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. 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).

This means that filing a CPA automatically establishes a priority claim to the parent application and any earlier applications in the priority chain without additional paperwork.

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

For more information on design patents, visit: design patents.

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