What is the effect of filing a CPA on pending appeals or interferences?

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.

Filing a Continued Prosecution Application (CPA) has significant effects on pending appeals or interferences. According to MPEP 201.06(d):

The filing of a CPA is a specific request to expressly abandon the prior application as of the filing date granted the CPA and to continue prosecution of the prior application in the CPA.

This means that when a CPA is filed:

• Any pending appeal in the prior application is automatically withdrawn.
• Any pending interference proceeding in the prior application is terminated.

It’s important to note that these actions occur automatically upon the granting of a filing date to the CPA. Applicants should carefully consider the status of any pending appeals or interferences before filing a CPA, as these proceedings cannot be continued in the CPA.

For more information on CPA, visit: CPA.

For more information on patent prosecution, visit: patent prosecution.