What happens if a Continued Prosecution Application (CPA) is filed after the issue fee has been paid?

If a Continued Prosecution Application (CPA) is filed after the issue fee has been paid, it will not be treated as a CPA. Instead, it will be processed as follows:

• For applications filed on or after May 29, 2000, the CPA will be treated as a request for continued examination (RCE) under 37 CFR 1.114.
• For applications filed before May 29, 2000, the CPA will be treated as an improper application and will not be processed.

As stated in MPEP 201.06(d): “If an application is filed on or after May 29, 2000, the filing of a CPA is not permitted after payment of the issue fee. In such a case, the Office will treat the improper CPA as an RCE under 37 CFR 1.114, provided that the application is a utility or plant application filed on or after June 8, 1995.”

It’s important to note that this treatment as an RCE is only possible for utility or plant applications filed on or after June 8, 1995. For other types of applications or those filed before this date, the improper CPA filing will not be processed, and the applicant may need to consider other options, such as filing a reissue application if the patent has already issued.

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

For more information on CPA, visit: CPA.

For more information on issue fee, visit: issue fee.

For more information on RCE, visit: RCE.