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.
The filing date for a Continued Prosecution Application (CPA) is determined based on when it is filed. According to MPEP 201.06(d):
The filing date of a CPA is the date on which a request on a separate paper for an application under 37 CFR 1.53(d) is filed. A request for a CPA is a specific reference to the prior application as required by 35 U.S.C. 120.
This means that the CPA’s filing date is the day when the separate request for a CPA is submitted, not the filing date of the prior application. It’s important to note that this request must specifically reference the prior application to comply with 35 U.S.C. 120.