What are the filing requirements for a CPA in a design patent application?

To file a CPA for a design patent application, the following requirements must be met:

• The prior application must be a design application that is complete under 37 CFR 1.51(b)
• The CPA must be filed before the earliest of: payment of the issue fee, abandonment, or termination of proceedings in the prior application
• The CPA must be filed with a request on a separate paper
• The proper filing fee, search fee, and examination fee must be paid
• The CPA must only disclose and claim subject matter disclosed in the prior application

As stated in the MPEP: “The filing date of a CPA is the date on which a request on a separate paper for an application under this paragraph is filed.”

For more information on continuation application, visit: continuation application.

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