What are the filing date requirements for a 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.

The filing date requirements for a Continued Prosecution Application (CPA) are specific and must be adhered to. According to MPEP 201.06(d):

The filing date of a CPA is the date on which a request on a separate paper for an application under 37 CFR 1.53(d) is filed. A request for a CPA is a paper filing, even though it may be submitted via EFS-Web.

Key points about CPA filing date requirements include:

• The CPA must be filed before the payment of the issue fee for the prior application
• It must be filed before abandonment of the prior application
• The request for a CPA must be made on a separate paper
• The filing date is based on when the CPA request is received, not when other application documents are submitted

It’s crucial to meet these requirements to ensure the CPA is properly filed and receives the correct filing date.

For more information on continued prosecution application, visit: continued prosecution application.

For more information on CPA, visit: CPA.