How are CPAs different from RCEs?

Continued Prosecution Applications (CPAs) and Requests for Continued Examination (RCEs) are both methods to continue prosecution of an application, but they have significant differences:

• CPAs are only available for design patent applications, while RCEs can be used for utility, plant, and design applications
• CPAs result in a new application with the same application number, while RCEs continue examination of the same application
• CPAs can only be filed before payment of the issue fee, abandonment, or termination of proceedings; RCEs can be filed after payment of the issue fee with a petition
• CPAs automatically abandon the prior application, while RCEs do not

The MPEP states: Effective July 14, 2003, continued prosecution application (CPA) practice was eliminated as to utility and plant applications. Henceforth, applicants who wish to continue examination of the same claimed invention after the prosecution of a utility or plant application is closed should consider filing a request for continued examination (RCE) under 37 CFR 1.114.

It’s important to note that if an improper CPA is filed for a utility or plant application on or after July 14, 2003, it may be treated as an RCE: If a utility or plant application has a filing date on or after June 8, 1995, an improper CPA filed on or after July 14, 2003 is treated as a request for continued examination (RCE) under 37 CFR 1.114.

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

For more information on CPA, visit: CPA.

For more information on patent applications, visit: patent applications.

For more information on RCE, visit: RCE.