What happens to the prior application when a CPA is filed?
What happens to the prior application when a CPA is filed?
When a Continued Prosecution Application (CPA) is filed, the prior application is automatically abandoned. According to MPEP 201.06(d):
The filing of a CPA is not a filing of a new application. Rather, a CPA is a continuation of the prior application and maintains the same application number as the prior application, i.e., a “streeting” of the prior application.
This means that:
- The prior application is considered abandoned as of the filing date of the CPA.
- The CPA is not assigned a new application number but continues under the number of the prior application.
- All correspondence for the CPA should refer to the original application number.
It’s important to note that this automatic abandonment of the prior application is a key feature of CPA practice, distinguishing it from other types of continuing applications.
To learn more:
Topics:
MPEP 200 - Types and Status of Application; Benefit and Priority,
Patent Law,
Patent Procedure