What happens to previously filed papers and fees when filing a CPA?

When filing a Continued Prosecution Application (CPA), several previously filed papers and fees from the prior application carry over:

1. The CPA uses the file jacket and contents of the prior application, including the specification, drawings, and oath or declaration.
2. Information Disclosure Statements (IDS) filed in the prior application that comply with 37 CFR 1.98 will be considered in the CPA without a specific request.
3. Affidavits and declarations (e.g., under 37 CFR 1.130, 1.131, and 1.132) filed during prosecution of the parent application automatically become part of the CPA.
4. A terminal disclaimer filed in the parent application carries over to the CPA.
5. Small entity status does not automatically carry over and must be re-asserted in the CPA.
6. Micro entity status does not automatically carry over and requires a new certification in the CPA.

As stated in the MPEP: The filing of a continued prosecution application under this paragraph will be construed to include a waiver of confidentiality by the applicant under 35 U.S.C. 122 to the extent that any member of the public, who is entitled under the provisions of § 1.14 to access to, copies of, or information concerning either the prior application or any continuing application filed under the provisions of this paragraph, may be given similar access to, copies of, or similar information concerning the other application or applications in the file jacket.

It’s important to file any new preliminary amendments or Information Disclosure Statements as early as possible in the CPA to avoid potential delays in prosecution.

For more information on CPA, visit: CPA.