What happens to the prior application when a CPA is filed?

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.

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.