How does an election in a parent application affect a continued prosecution application (CPA) in design applications?
In design applications, an express election made in a parent application in response to a restriction requirement generally carries over to a continued prosecution application (CPA) filed under 37 CFR 1.53(d). However, this rule does not apply to international design applications. The MPEP 819 states:
“In design applications, but not international design applications, where a continued prosecution application (CPA) filed under 37 CFR 1.53(d) is a continuation of its parent application and not a divisional, an express election made in the prior (parent) application in reply to a restriction requirement does carry over to the CPA unless otherwise indicated by applicant.”
This means that for domestic design applications, applicants should be aware that their previous election will typically remain in effect in a CPA unless they explicitly indicate otherwise.
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