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
Tags: continuation applications, design patents, patent applications