How does CPA practice differ for utility and plant applications?

Continued Prosecution Application (CPA) practice differs significantly for utility and plant applications compared to design applications. The key difference is:

CPA practice is not available for utility and plant applications filed on or after May 29, 2000.

As stated in the MPEP 201.06(d): “Effective July 14, 2003, CPA practice has been eliminated as to utility and plant applications in view of the eighteen-month publication of applications under 35 U.S.C. 122(b). A request for a CPA filed on or after July 14, 2003 in a utility or plant application is improper and will not be treated as a CPA.”

For utility and plant applications, applicants should instead consider filing:

• A request for continued examination (RCE) under 37 CFR 1.114
• A continuation or divisional application under 37 CFR 1.53(b)

For more information on continuation application, visit: continuation application.

For more information on CPA, visit: CPA.

For more information on RCE, visit: RCE.