How does the filing date of a CPA affect the prior application?

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.

The filing of a Continued Prosecution Application (CPA) has significant effects on the prior application:

• The CPA is considered a request to expressly abandon the prior application as of the filing date of the CPA
• The prior application is automatically abandoned in favor of the CPA
• The filing date of the CPA is the date on which the request for the CPA is filed

As stated in the MPEP: The filing date of a continued prosecution application is the date on which a request on a separate paper for an application under this paragraph is filed. An application filed under this paragraph:… (v) Is a request to expressly abandon the prior application as of the filing date of the request for an application under this paragraph.

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