What information must be included in a CPA request for design patents?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-09

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.

A Continued Prosecution Application (CPA) request for design patents must include specific information to be considered acceptable. According to MPEP ¶ 2.30, the key elements are:

  • The filing date of the CPA request
  • The parent application number

The MPEP states: The request filed on [1] for a Continued Prosecution Application (CPA) under 37 CFR 1.53(d) based on parent Application No. [2] is acceptable and a CPA has been established. Here, [1] represents the filing date of the CPA request, and [2] is the parent application number. These details are crucial for establishing the continuity between the parent application and the CPA.

For more information on USPTO filing procedures, visit: USPTO filing procedures.

Topics: MPEP 200 – Types and Status of Application; Benefit and Priority MPEP 201 – Types of Applications Patent Law Patent Procedure
Tags: Composition Category, Disclosure Individuals, Disclosure Timing, Plant Distinct Variety, Plant Subject Matter