How should a Continued Prosecution Application (CPA) be filed by facsimile?
Filing a Continued Prosecution Application (CPA) by facsimile requires specific procedures, as outlined in MPEP 502.01:
- CPAs are only available for design applications.
- The CPA must be sent to the central facsimile number: (571) 273-8300.
- An authorization to charge the basic filing fee to a deposit account or credit card must be included, or the application will be treated as filed without the basic filing fee.
- There is a special receipt procedure for CPA filings by fax:
There is a special receipt procedure for filing a CPA by fax, whereby the Office will fax back a receipt of the CPA filing if applicant submits the Office receipt form along with the CPA filing.
It’s important to note that if the USPTO has no evidence of receiving a CPA transmitted by fax, the applicant may need to file a petition under 37 CFR 1.6(f) to request a filing date. This petition must include:
- Information about the previous transmission
- An additional copy of the CPA
- A statement attesting to the previous transmission
- Evidence of the transmission, such as a sending unit’s report or other evidence created within one business day of the transmission
Always ensure that you follow these procedures carefully when filing a CPA by facsimile to avoid any issues with the filing date or processing of your application.
To learn more:
Topics:
MPEP 500 - Receipt and Handling of Mail and Papers,
Patent Law,
Patent Procedure