What are the requirements for filing a CPA?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

To file a Continued Prosecution Application (CPA), the following requirements must be met:

• The application must be for a design patent
• The prior application must be a complete design application as defined by 37 CFR 1.51(b)
• The CPA must be filed before the earliest of:
  • Payment of the issue fee in the prior application
  • Abandonment of the prior application
  • Termination of proceedings in the prior application

Additionally, the CPA must include a request on a separate paper, identify the prior application, and be accompanied by the basic filing fee, search fee, and examination fee.