Question 1

What is a Continued Prosecution Application (CPA) in the context of design applications?

Accepted Answer

A Continued Prosecution Application (CPA) is a type of patent application that allows applicants to continue prosecution of a prior design application. It's important to note that CPAs are now only available for design applications, not utility applications.

While the MPEP ¶ 2.32 doesn't provide a direct definition of a CPA, it implies its use in the context of design applications:

Receipt is acknowledged of the statement requesting that [1] be deleted as a named inventor which was filed with the Continued Prosecution Application (CPA) on [2].

CPAs allow applicants to:

Continue prosecution of a previously filed design application
Make amendments or corrections, such as deleting a named inventor
Potentially receive further examination without filing a new application

For more detailed information on CPAs, refer to MPEP § 201.06(d).

For more information on CPA, visit: CPA.

For more information on design applications, visit: design applications.

For more information on patent prosecution, visit: patent prosecution.

For more information on USPTO procedures, visit: USPTO procedures.

Question 2

How should applicants prepare for a patent examiner interview?

Accepted Answer

How should applicants prepare for a patent examiner interview?

Proper preparation is crucial for a successful patent examiner interview. The MPEP provides guidance on this topic:

"The attorney or agent should be fully prepared to discuss the issues raised in the Office action." (MPEP 713.01)

To prepare effectively:

Review the Office action: Thoroughly understand the rejections and objections raised by the examiner.
Prepare arguments: Develop clear, concise arguments addressing each point in the Office action.
Consider amendments: If proposing claim amendments, have them ready in proper form.
Gather evidence: Compile any relevant prior art, declarations, or other supporting documents.
Set clear goals: Determine what you hope to achieve in the interview (e.g., agreement on allowable subject matter, clarification of a rejection).
Prepare an agenda: Outline the topics you wish to discuss to keep the interview focused and productive.
Schedule appropriately: Allow enough time for a thorough discussion and follow proper USPTO procedures for scheduling.

By being well-prepared, applicants can make the most of the interview opportunity and potentially advance prosecution more efficiently.

To learn more:

Question 3

How do I respond to an Election of Species requirement?

Accepted Answer

To respond to an Election of Species requirement, you should follow these steps:

Elect a single disclosed species or a single grouping of patentably indistinct species.
Identify the claims encompassing the elected species or grouping.
Optionally, include arguments traversing the requirement.

According to MPEP 809.02(a):

"Applicant is advised that the reply to this requirement to be complete must include (i) an election of a species to be examined even though the requirement may be traversed (37 CFR 1.143) and (ii) identification of the claims encompassing the elected species or grouping of patentably indistinct species, including any claims subsequently added."

Remember, if you want to preserve your right to petition, you must make the election with traverse and present your arguments at the time of election.

To learn more:

Patent Law FAQ

This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.

MPEP 200 – Types and Status of Application; Benefit and Priority (1)

What is a Continued Prosecution Application (CPA) in the context of design applications?

MPEP 201 – Types of Applications (1)

What is a Continued Prosecution Application (CPA) in the context of design applications?

Patent Law (1)

What is a Continued Prosecution Application (CPA) in the context of design applications?

Patent Procedure (1)

What is a Continued Prosecution Application (CPA) in the context of design applications?