What happens if a CPA is filed in a utility or plant application after July 14, 2003?

If a Continued Prosecution Application (CPA) is filed in a utility or plant application after July 14, 2003, it will not be treated as a proper CPA. According to MPEP 201.06(d):

‘Any CPA filed on or after July 14, 2003 in a utility or plant application will automatically be treated as a request for continued examination (RCE) under 37 CFR 1.114, see MPEP § 706.07(h), paragraph II.’

This means that instead of being processed as a CPA, the application will be treated as a Request for Continued Examination (RCE). Applicants should be aware of this automatic conversion and ensure they meet the requirements for an RCE if they inadvertently file a CPA for a utility or plant application.

For more information on CPA, visit: CPA.

For more information on RCE, visit: RCE.