What are the conditions for automatic abandonment of a prior application when filing a CPA?

When filing a Continued Prosecution Application (CPA), there are specific conditions under which the prior application may be automatically abandoned. According to MPEP 201.06(d):

A request for a CPA expressly abandons the prior application as of the filing date of the request for the CPA. See 37 CFR 1.53(d)(2)(v).

However, it’s important to note that:

• The prior application is only expressly abandoned if the CPA is properly filed.
• If the CPA is improper (e.g., filed in a utility application), the express abandonment of the prior application will not be effective.
• The abandonment of the prior application is automatic upon the filing date of the properly filed CPA.

This automatic abandonment provision ensures a clear transition from the prior application to the CPA, which is particularly relevant for design applications where CPAs are permitted.

For more information on CPA, visit: CPA.