What is the effect of filing a Continued Prosecution Application (CPA) on the prior application?

Filing a Continued Prosecution Application (CPA) has a significant effect on the prior application. According to MPEP 201.06(d):

‘A request for a CPA expressly abandons the prior application as of the filing date of the request for the CPA.’

This means that:

• The prior application is automatically and expressly abandoned when the CPA is filed.
• The abandonment is effective as of the CPA filing date.
• Any claims or amendments in the prior application that were not entered are not carried over to the CPA.

It’s important to note that while the prior application is abandoned, the CPA is a continuation of that application, maintaining continuity for purposes such as priority claims and patent term calculations.

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

For more information on CPA, visit: CPA.