What are the filing date requirements for a Continued Prosecution Application (CPA)?

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.

For a Continued Prosecution Application (CPA) to receive a filing date, it must meet specific requirements as outlined in MPEP 201.06(d):

• The application must be for a design patent
• The prior application must be a design application that is complete as defined by 37 CFR 1.51(b)
• The application must be submitted before the payment of the issue fee on the prior application, unless a petition under 37 CFR 1.313(c) is granted in the prior application
• The application must be filed within the period set forth in 37 CFR 1.53(d)(1)(ii)

The MPEP states: ‘A CPA may be filed where the prior nonprovisional application is a design application that is complete as defined by 37 CFR 1.51(b).’ This ensures that the CPA is based on a properly filed and complete prior application.