Patent Law FAQ

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

• The application must be a design application.
• The prior application must be a nonprovisional application.
• The application must be filed before the earliest of:
  • Payment of the issue fee on the prior application, unless a petition under § 1.313(c) is granted in the prior application;
  • Abandonment of the prior application; or
  • Termination of proceedings on the prior application.

As stated in the MPEP 201.06(d): “A continuation or divisional application that is a nonprovisional application may be filed as a CPA under 37 CFR 1.53(d) if the prior nonprovisional application is a design application that is complete as defined by 37 CFR 1.51(b).”

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

For more information on CPA, visit: CPA.

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

For more information on filing requirements, visit: filing requirements.

To file a continuation-in-part (CIP) application, several requirements must be met according to MPEP 201.08 and 37 CFR 1.78:

1. The CIP must be filed while the prior nonprovisional application is still pending (before patenting, abandonment, or termination of proceedings).
2. The CIP must claim benefit of the prior application under 35 U.S.C. 120, 121, 365(c), or 386(c).
3. The CIP must contain a specific reference to the prior application, including the application number.
4. For applications filed on or after September 16, 2012, the specific reference must be included in an application data sheet (ADS).
5. The CIP must have at least one common inventor with the prior application.

It’s important to note that a CIP can only be filed under 37 CFR 1.53(b) and cannot be filed as a continued prosecution application (CPA) under 37 CFR 1.53(d).

For more information on filing requirements, visit: filing requirements.

For more information on USPTO, visit: USPTO.

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

• The application must be a design application.
• The prior application must be a nonprovisional application.
• The application must be filed before the earliest of:
  • Payment of the issue fee on the prior application, unless a petition under § 1.313(c) is granted in the prior application;
  • Abandonment of the prior application; or
  • Termination of proceedings on the prior application.

As stated in the MPEP 201.06(d): “A continuation or divisional application that is a nonprovisional application may be filed as a CPA under 37 CFR 1.53(d) if the prior nonprovisional application is a design application that is complete as defined by 37 CFR 1.51(b).”

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

For more information on CPA, visit: CPA.

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

For more information on filing requirements, visit: filing requirements.

To file a continuation-in-part (CIP) application, several requirements must be met according to MPEP 201.08 and 37 CFR 1.78:

1. The CIP must be filed while the prior nonprovisional application is still pending (before patenting, abandonment, or termination of proceedings).
2. The CIP must claim benefit of the prior application under 35 U.S.C. 120, 121, 365(c), or 386(c).
3. The CIP must contain a specific reference to the prior application, including the application number.
4. For applications filed on or after September 16, 2012, the specific reference must be included in an application data sheet (ADS).
5. The CIP must have at least one common inventor with the prior application.

It’s important to note that a CIP can only be filed under 37 CFR 1.53(b) and cannot be filed as a continued prosecution application (CPA) under 37 CFR 1.53(d).

For more information on filing requirements, visit: filing requirements.

For more information on USPTO, visit: USPTO.

According to 35 U.S.C. 113, drawings are required ‘where necessary for the understanding of the subject matter sought to be patented.’ Specifically:

• For applications filed on or after December 18, 2013 (except design applications), drawings are not required to receive a filing date, but may still be necessary to fully disclose the invention.
• For applications filed before December 18, 2013, drawings were required at filing if necessary for understanding the invention.
• Design applications must include drawings to receive a filing date.

The USPTO recommends including drawings in most cases, as they help ensure the requirements of 35 U.S.C. 113 are met for any claimed invention.

To learn more:

• drawings
• patent application
• filing requirements

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

• The application must be a design application.
• The prior application must be a nonprovisional application.
• The application must be filed before the earliest of:
  • Payment of the issue fee on the prior application, unless a petition under § 1.313(c) is granted in the prior application;
  • Abandonment of the prior application; or
  • Termination of proceedings on the prior application.

As stated in the MPEP 201.06(d): “A continuation or divisional application that is a nonprovisional application may be filed as a CPA under 37 CFR 1.53(d) if the prior nonprovisional application is a design application that is complete as defined by 37 CFR 1.51(b).”

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

For more information on CPA, visit: CPA.

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

For more information on filing requirements, visit: filing requirements.

To file a continuation-in-part (CIP) application, several requirements must be met according to MPEP 201.08 and 37 CFR 1.78:

1. The CIP must be filed while the prior nonprovisional application is still pending (before patenting, abandonment, or termination of proceedings).
2. The CIP must claim benefit of the prior application under 35 U.S.C. 120, 121, 365(c), or 386(c).
3. The CIP must contain a specific reference to the prior application, including the application number.
4. For applications filed on or after September 16, 2012, the specific reference must be included in an application data sheet (ADS).
5. The CIP must have at least one common inventor with the prior application.

It’s important to note that a CIP can only be filed under 37 CFR 1.53(b) and cannot be filed as a continued prosecution application (CPA) under 37 CFR 1.53(d).

For more information on filing requirements, visit: filing requirements.

For more information on USPTO, visit: USPTO.

According to 35 U.S.C. 113, drawings are required ‘where necessary for the understanding of the subject matter sought to be patented.’ Specifically:

• For applications filed on or after December 18, 2013 (except design applications), drawings are not required to receive a filing date, but may still be necessary to fully disclose the invention.
• For applications filed before December 18, 2013, drawings were required at filing if necessary for understanding the invention.
• Design applications must include drawings to receive a filing date.

The USPTO recommends including drawings in most cases, as they help ensure the requirements of 35 U.S.C. 113 are met for any claimed invention.

To learn more:

• drawings
• patent application
• filing requirements

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

• The application must be a design application.
• The prior application must be a nonprovisional application.
• The application must be filed before the earliest of:
  • Payment of the issue fee on the prior application, unless a petition under § 1.313(c) is granted in the prior application;
  • Abandonment of the prior application; or
  • Termination of proceedings on the prior application.

As stated in the MPEP 201.06(d): “A continuation or divisional application that is a nonprovisional application may be filed as a CPA under 37 CFR 1.53(d) if the prior nonprovisional application is a design application that is complete as defined by 37 CFR 1.51(b).”

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

For more information on CPA, visit: CPA.

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

For more information on filing requirements, visit: filing requirements.

To file a continuation-in-part (CIP) application, several requirements must be met according to MPEP 201.08 and 37 CFR 1.78:

1. The CIP must be filed while the prior nonprovisional application is still pending (before patenting, abandonment, or termination of proceedings).
2. The CIP must claim benefit of the prior application under 35 U.S.C. 120, 121, 365(c), or 386(c).
3. The CIP must contain a specific reference to the prior application, including the application number.
4. For applications filed on or after September 16, 2012, the specific reference must be included in an application data sheet (ADS).
5. The CIP must have at least one common inventor with the prior application.

It’s important to note that a CIP can only be filed under 37 CFR 1.53(b) and cannot be filed as a continued prosecution application (CPA) under 37 CFR 1.53(d).

For more information on filing requirements, visit: filing requirements.

For more information on USPTO, visit: USPTO.