What are the advantages of filing a CPA instead of a regular continuation application?
Filing a Continued Prosecution Application (CPA) for design patents has several advantages over filing a regular continuation application under 37 CFR 1.53(b):
- Minimal filing requirements – only a request on a separate paper and the filing fee are needed
- No new oath or declaration is required
- Faster processing – the CPA uses the file and contents of the prior application
- Potentially faster examination – CPAs are often treated as “amended” applications for examination priority
- No need for a new specification or drawings
The MPEP notes: “A CPA has a number of advantages compared to a continuation or divisional application filed under 37 CFR 1.53(b). For example, the papers required to be filed in the U.S. Patent and Trademark Office in order to secure a filing date under 37 CFR 1.53(d) are minimal compared to 37 CFR 1.53(b).”
For more information on continuation applications, visit: continuation applications.
For more information on design patents, visit: design patents.
For more information on patent applications, visit: patent applications.
Topics:
MPEP 200 - Types and Status of Application; Benefit and Priority,
MPEP 201 - Types of Applications,
Patent Law,
Patent Procedure