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 date of a Continued Prosecution Application (CPA) is determined by the date on which a proper request for a CPA is filed. Specifically, the MPEP states:
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.
It’s important to note that the CPA request must be on a separate paper. If the request is not on a separate paper, it will not be considered a proper CPA request and will not receive a filing date.
For more information on patent applications, visit: patent applications.
For more information on USPTO procedures, visit: USPTO procedures.