This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.
A Continued Prosecution Application (CPA) and a continuation application are both ways to continue prosecution of a patent application, but they have key differences:
- CPA: Only available for design applications filed before May 29, 2000, and for plant applications. It continues examination of the same application.
- Continuation: Available for all types of applications and creates a new application that claims priority to the parent application.
The MPEP ¶ 2.34 highlights a crucial distinction in how they reference prior applications:
As set forth in 37 CFR 1.53(d)(7), 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.
This means that for a CPA, the mere act of filing establishes the reference to the prior application. In contrast, a continuation application typically requires an explicit reference to the parent application in the specification.
For more information on continuation application, visit: continuation application.
For more information on CPA, visit: CPA.
For more information on patent application types, visit: patent application types.