How does the filing date of a CPA affect priority claims?

The filing date of a Continued Prosecution Application (CPA) is important for priority claims and patent term calculations. Key points include:

• The filing date of a CPA is the date on which the CPA request is received by the USPTO
• A CPA is automatically considered a specific reference under 35 U.S.C. 120 to the prior application
• The CPA is entitled to the benefit of the filing date of the prior application
• Priority claims from the parent application automatically carry over to the CPA

As stated in MPEP 201.06(d): 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.

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

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