What happens to the prior application when a Continued Prosecution Application (CPA) is filed?
What happens to the prior application when a Continued Prosecution Application (CPA) is filed?
When a Continued Prosecution Application (CPA) is filed, it has specific effects on the prior application. According to MPEP 201.06(d):
‘The filing of a CPA is a specific reference required by 35 U.S.C. 120 to every application assigned the application number identified in the request for a CPA. Such a specific reference will constitute a waiver of confidentiality of the prior design application(s) under 35 U.S.C. 122 when the CPA is pending and/or any ex parte reexamination proceeding is pending in the prior design application(s).’
This means:
- The prior application becomes part of the record of the CPA
- Confidentiality of the prior application is waived
- The CPA is considered a continuation of the prior application
- The prior application is not automatically abandoned, but will be abandoned if the issue fee is not paid
It’s important to note that while the CPA continues the examination process, the prior application remains a distinct entity until it is either allowed to go abandoned or is explicitly abandoned by the applicant.
To learn more: