What are the filing date requirements for a CPA under 37 CFR 1.53(d)?
To receive a filing date for a Continued Prosecution Application (CPA) under 37 CFR 1.53(d), the following requirements must be met:
- The application must be for a design patent;
- The prior application must be a design application that is complete as defined by 37 CFR 1.51(b);
- The application must be submitted before the payment of the issue fee on the prior application, unless a petition under 37 CFR 1.313(c) is granted in the prior application;
- The application must be filed within the period set forth in 37 CFR 1.53(d)(1)(ii); and
- The application must be filed with a request for a CPA.
As stated in the MPEP: ‘A CPA may be filed under 37 CFR 1.53(d) only if the prior nonprovisional application is a design application that is complete as defined by 37 CFR 1.51(b).’
For more information on CPA, visit: CPA.
For more information on design patent, visit: design patent.
For more information on filing requirements, visit: filing requirements.
Topics:
MPEP 200 - Types and Status of Application; Benefit and Priority,
MPEP 201 - Types of Applications,
Patent Law,
Patent Procedure