How does the USPTO notify applicants about non-compliant CPA requests?
When a Continued Prosecution Application (CPA) request for a design patent is found to be non-compliant, the USPTO notifies the applicant using a specific form paragraph. This notification informs the applicant about the issue and provides necessary details.
According to the MPEP, the examiner uses the following format:
- ‘Receipt is acknowledged of the request for a Continued Prosecution Application (CPA) filed on [1] under 37 CFR 1.53(d) based on Application No. [2].’
- ‘However, because the request was not submitted on a separate paper as required by 37 CFR 1.53(d)(2), the request is not acceptable and no CPA has been established.’
In this notification, [1] represents the filing date of the paper containing the CPA request, and [2] is the Application Number identified in the CPA request. This clear communication helps applicants understand the issue and take corrective action.
For more information on design patents, visit: design patents.
For more information on Patent Application Process, visit: Patent Application Process.
Topics:
MPEP 200 - Types and Status of Application; Benefit and Priority,
MPEP 201 - Types of Applications,
Patent Law,
Patent Procedure