How does an examiner inform an applicant about a non-compliant CPA request?

When a Continued Prosecution Application (CPA) request for a design patent application is not compliant with the regulations, the examiner informs the applicant using a specific form paragraph. The MPEP provides guidance on this:

Use this form paragraph to inform applicant that a request for a CPA in a design application is not in compliance with 37 CFR 1.53(d)(2) and, therefore, no CPA has been established.

The form paragraph includes:

• Acknowledgment of the CPA request receipt
• The filing date of the paper containing the request
• The application number identified in the CPA request
• Explanation of why the request is not acceptable
• Statement that no CPA has been established

This standardized approach ensures clear communication between the USPTO and the applicant regarding the status of their CPA request.

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