How are improper CPA requests handled by the USPTO?

The USPTO handles improper Continued Prosecution Application (CPA) requests in the following ways:

1. For utility or plant applications filed on or after July 14, 2003, improper CPA requests are treated as requests for continued examination (RCE) under 37 CFR 1.114 if the application has a filing date on or after June 8, 1995.
2. If the improper CPA doesn’t satisfy RCE requirements, it’s treated as an improper RCE, and the time period set in the last Office action continues to run.
3. For applications with a filing date before June 8, 1995, the Office will notify the applicant of the improper CPA by mailing a notice.
4. If an examiner discovers an improperly processed CPA, they should immediately notify a supervisory applications examiner (SAE) or other technical support staff to correct the application records.
5. The Office will not convert an improper CPA into an application under 37 CFR 1.53(b) unless there are extenuating circumstances.

As stated in the MPEP: If an examiner discovers that an improper or incomplete CPA has been processed as a proper CPA in error, the examiner should immediately notify a supervisory applications examiner (SAE) or other technical support staff within the TC who will reprocess the CPA and correct the application records as appropriate.

It’s important to note that if the application becomes abandoned due to an improper CPA, the applicant may need to file a petition under 37 CFR 1.137 to revive the application and pay the required fees.

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

For more information on RCE, visit: RCE.

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