What are the filing requirements for a Continued Prosecution Application (CPA) under 37 CFR 1.53(d)?
The filing requirements for a Continued Prosecution Application (CPA) under 37 CFR 1.53(d) are as follows:
- The CPA must be filed before the earliest of:
- Payment of the issue fee on the prior application, unless a petition under 37 CFR 1.313(c) is granted;
- Abandonment of the prior application; or
- Termination of proceedings on the prior application.
- The CPA must include a request to initiate proceedings under 37 CFR 1.53(d).
- The prior application must be a design application eligible for CPA practice.
As stated in the MPEP 201.06(d): ‘A continuation or divisional application may be filed under 37 CFR 1.53(d) if the prior application is a design application that is complete as defined by 37 CFR 1.51(b).’
For more information on continued prosecution application, visit: continued prosecution application.
For more information on CPA, visit: CPA.
For more information on filing requirements, visit: filing requirements.
Topics:
MPEP 200 - Types and Status of Application; Benefit and Priority,
MPEP 201 - Types of Applications,
Patent Law,
Patent Procedure