Are CPAs available for all types of patent applications?
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.
No, CPAs are not available for all types of patent applications. According to MPEP ¶ 2.30, CPAs are primarily used for design patent applications. The MPEP states: “If the request for a CPA in a utility or plant application is improper and the CPA has been treated as an RCE, do not use this form paragraph (use form paragraph 7.42.15 instead).” This indicates that CPAs are not typically used for utility or plant patent applications, and such requests may be treated as Requests for Continued Examination (RCE) instead.
For more information on design patents, visit: design patents.
For more information on plant patents, visit: plant patents.
For more information on utility patents, visit: utility patents.